The Complainant is WestJet Airlines Ltd. of Calgary, Alberta, Canada, represented by Gowlings WLG (Canada) LLP, Canada.
The Respondent is Domain May Be For Sale Check Afternic.Com Domain Admin of Praha, Czech Republic / Hulmiho Ukolen, Poste restante of Helsinki, Finland. 2. The Domain Name and Registrar
The disputed domain name is registered with Gransy, s.r.o. d/b/a (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 16, 2018. On October 17, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 18, 2018, 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. The Center sent an email communication to the Complainant on October 19, 2018 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 amended Complaint on the same day.
The Center verified that the Complaint together with the amended 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 the Respondent of the Complaint, and the proceedings commenced on October 26, 2018. In accordance with the Rules, paragraph 5, the due date for Response was November 15, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 16, 2018.
The Center appointed Luis Miguel Beneyto Garcia-Reyes as the sole panelist in this matter on November 21, 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
The following facts must be taken into account in the case at hand.
The Complainant, Westjet Airlines Ltd is a Canadian leading airline founded in 1996 that provides scheduled and charter air service to more than 100 destinations in North America, Central America, the Caribbean.
The Complainant operates through the domain name .
The WESTJET trademark can be considered as well-known in the field of airlines.
The Complainant is the owner of several Canadian WESTJET registrations (including trademark registration no. TMA480424, registered on August 14, 1997). The mark is also protected in the European Union (“EU”) and other non-EU iurisdictions like Singapore, Hong Kong, China and the Republic of Korea.
The disputed domain name was registered on November 5, 2009, and it is listed for sale at a price of USD 9,990
The Respondent has used the disputed domain name by including on the corresponding website several links to competitors of the Complainant. 5. Parties’ Contentions A. Complainant
The Complainant was founded in 1996 and it’s a leading international airline company that currently offers scheduled service to more than 100 destinations in North America, Central America, the Caribbean and Europe and to more than 175 destinations in over 20 countries through its airline partnerships.
The WESTJET trademarks enjoys a great reputation as a result of extensive use and publicity since at least as early as February 1996,and as a consequence of said use the WESTJET trademarks have become famous.
The Complainant is the owner of the Canadian registrations, including, without limitation, WESTJET (registration no. TMA480424, registered on August 14, 1997), WESTJET (registration no. TMA651001, registered on October 20, 2005); the EU Trademark registrations WESTJET (registration no. 012810289, registered on November 7, 2014), WESTJET & Design (registration no. 12817839, registered on April 21, 2015); the Singapore registration WESTJET (registration no. 40201701221Y, registered on January 18, 2017); the Hong Kong registration WESTJET (registration no. 304026159, registered on January 19, 2017) and the Republic of Korea registration WESTJET (registration no. 40-1340636, registered on March 14, 2018).
The disputed domain name is confusingly similar with the WESTJET trademarks in which the Complainant has rights, as it incorporates the whole of the WESTJET trad