The Complainant is Yorktest Laboratories Limited of York, United Kingdom of Great Britain and Northern Ireland (the “UK”), represented by HGF Limited, UK.
The Respondents are Domains By Proxy, LLC of Scottsdale, Arizona, United States of America / Erdem Rahvanci of Istanbul, Turkey / Poyraz Ustunel of Istanbul Turkey, represented by Rubbit of Turkey. 2. The Domain Names and Registrar
The disputed domain names (“the first disputed domain name”), , and are registered with GoD, LLC (the “Registrar”). 3. Procedural History
The Complaint concerning the first disputed domain name was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 5, 2015. On February 5, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the first disputed domain name. On February 6, 2015, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint.
On February 9 and 16, 2015, the Complainant submitted amendments to the Complaint adding the disputed domain names and to the Complaint. The Center transmitted by email to the Registrar requests for registrar verification regarding these disputed domain names and the Registrar transmitted by email to the Center its verification responses disclosing registrant and contact information for these disputed domain names which differed from the named Respondent and contact information in the Complaint and amendments. The Center sent an email communication to the Complainant on February 18, 2015 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint, adding another domain name, , to the dispute on February 23, 2015. On February 24, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with this disputed domain name, and on the same day the Registrar transmitted by email to the Center its verification response confirming that the Respondent Poyraz Ustunel is listed as the registrant and providing the contact details.
The Center verified that the Complaint together with the amendments to the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
On February 12 and 16, 2015, the Center received email communications from the Respondent Erdem Rahvanci’s representative.
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on February 25, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was March 17, 2015. The Respondent did not submit any response. Accordingly, the Center notified the parties of the commencement of the Panel appointment process on March 18, 2015.
The Center appointed Warwick A. Rothnie as the sole panelist in this matter on March 30, 2015. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background
The Complainant is a supplier of food allergy/intolerance testing kits and services. It is based in the UK, but supplies its kits and services internationally. Kits used outside the UK are returned to the Complainant’s laboratory in the UK for analysis and report. In some parts of the world, the Complainant operates through distributors.
The Complainant provides these kits and services under the trademark YORKTEST. Amongst other things, it has registered trademarks:
(a) Community Trademark No. 002275022 for YORKTEST for a range of goods and services in International Classes 5, 10 and 42, which was registered on October 7, 2002;
(b) Community Trademark No. 002440964 for the YORKTEST logo (the letter ‘O’ takes the form of a heart shaped apple) for a range of goods and services in International Classes 5, 10 and 42, which was registered on November 6, 2002;
(c) International Trademark No. 1043079 for YORKTEST for a range of goods and services in International Classes 5, 10, 16, 42 and 44 designating numerous countries including Turkey, which was registered on March 8, 2010; and
(d) Turkish Trademark No 201208646 for YORKTEST for a range of goods and services in International Classes 16 and 42, which was registered on August 22, 2014.
The Complaint also includes numerous other registered trademarks for YORKTEST or the YORKTEST logo.
According to the Complaint, the first disputed domain name was registered on April 21, 2009. According to the Registrar, however, it was registered on May 21, 2009. Also according to the Registrar, the first Respondent, Mr. Rahvanci, was the registrant. The Complainant states that this domain name was registered without its knowledge or approval.
On or about May 19, 2009, Mr. Rahvanci approached the Complainant seeking appointment as the Complainant’s distributor for Turkey. The Complainant entered into a distribution agreement with a company associated with Mr. Rahvanci on May 28, 2009. That arrangement was renewed by further agreement on March 27, 2010.
The distribution agreements included clauses stating that the distributor would not have any rights in or to the trademark YORKTEST. There was also a clause requiring the distributor to cease using the trademark on cessation or termination of the distribution agreement.
In the meantime, on December 7, 2009, Mr. Rahvanci applied for, and subsequently obtained, registration in Turkey of trademarks for a YORKTEST logo and a stylized version of YORKTESTI. According to the Complaint, those registrations were obtained without the Complainant’s knowledge or permission.
From late 2011, relations between the Complainant, Mr. Rahvanci and his distribution company deteriorated and by June 2013 the distribution appointment had been terminated.
There have also been proceedings in the Turkish courts over the trademarks registered by Mr. Rahvanci. These culminated in a decision by the Turkish Supreme Court accepting that the Complainant’s trademark was well-known in Turkey before Mr. Rahvanci registered the trademarks and ordering their revocation. The Complainant does acknowledge, however, that further proceedings regarding Mr. Rahvanci’s trademarks are still on foot.
On the same date as the Complaint was filed, the disputed domain names, and were registered in the name of Poyraz Ustunel. After amendments to the Complaint were made to add these disputed domain names, the disputed domain name was registered in the name of Poyraz Ustunel on February 16, 2015.
Shortly before the Complaint was filed, the first disputed domain name resolved to a website in Turkish displaying the Complainant’s YORKTEST logo trademark. A person inquiring through the website is either provided with test kits and services which are not provided by the Complainant or redirected to the website of PinnerTest, which is apparently a competing supplier of such kits and services.
After the Complaint was filed, access to the website via the first disputed domain name was blocked. However, a link on a Facebook page to the second disputed domain name took the browser to essentially the same page. The third disputed domain name did not resolve to that webpage. However, it resolved to a “parking page” which features pay-per-click (PPC) advertising links to goods and services including “cheap home blood tests” which are not those of the Complainant.
The fourth disputed domain name resolves to a website at the URL “”. This website is in Turkish. It features the sign YORK TESTI TÜRKIYE. It also appears to advertise the goods and services of PinnerTest associated with the phrase “Yeni Ne
