Complainant is Axis AB of Lund, Sweden, internally represented.
Respondent is Pierre Vial, Trinum, of Annecy-Le-Vieux, France and Alpium SARL of Crest-Voland, France. 2. The Domain Names and Registrars
The disputed domain names and (the “Domain Names”) are registered with Gandi SAS (the “Registrar”). 3. Procedural History
The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on June 12, 2018. On June 12, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Names. On June 13, 2018, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details. On June 22, 2018, the Center notified the Parties in both English and French that the language of the Registration Agreement for the Domain Names was French. On June 25, 2018, Complainant requested for English to be the language of the proceeding, to which Respondent did not reply.
The Center verified that 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”).
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on June 29, 2018. In accordance with the Rules, paragraph 5, the due date for Response was July 19, 2018. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on July 23, 2018.
The Center appointed Robert A. Badgley as the sole panelist in this matter on August 2, 2018. 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
Founded in Sweden in 1984, Complainant describes itself in the Complaint as “the global market leader in network video, security cameras and video encoders.” Complainant alleges that, in 1996, it launched the world’s first network camera and “since then has been a driving force behind the shift from analog to digital video surveillance.”
According to Complainant, its network video products “are installed in various public areas to enhance security including airports, motorways, universities, casinos and banks, etc.” Complainant’s annual sales in 2017 attained SEK 8.6 billion (roughly USD 1 billion).
Complainant holds nearly 300 trademark registrations worldwide, many of which include its mark AXIS (either in word form or stylized). One such mark, AXIS DIGITAL, was registered in France in August 1989. Its stylized mark, AXIS COMMUNICATIONS, was registered in France in March 1995. Complainant also holds a word mark AXIS, registered in Japan in June 1998.
Complainant opened its first office in France, Respondent’s country, in 1996. In 2005, Respondent became a “partner and reseller” of Complainant’s products.
The Domain Name was registered on December 26, 2002. As early as February 7, 2003, the Domain Name resolved to a website offering Complainant’s AXIS camera products for sale. Complainant alleges that it became aware of Respondent’s registration and use of the Domain Name in 2007 and that, during a business meeting, it asked Respondent to cancel the Domain Name. It is alleged further that Respondent agreed to do so, but never canceled the Domain Name or ceased using it for a website, “despite repeated reminders from Complainant.”
On June 4, 2015, Respondent registered the Domain Name . Both Domain Names resolve to the same website, where Respondent sells not only AXIS products but also Mobotix products, which do not appear to be Complainant’s products.
In September 2015, Complainant sent a cease-and-desist letter to Respondent, advising that Respondent’s registration and use of the two Domain Names violated Complainant’s trademark rights and the terms of the “Trademark and copyright user guidelines” issued to Complainant’s partners, distributors, and resellers. Complainant cited in particular section 1.2.4 of these user guidelines, which states:
“You may not register any domain name containing an Axis trademark, even if this
