The Complainant is Everis Spain S.L. of Madrid, Spain, represented by Cavelier Abogados, Colombia.
The Respondent is Benjamin Gallagher of Xingyang, Zhengzhou, China. 2. The Domain Name and Registrar
The disputed domain name is registered with GoD, LLC. (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 13, 2014. On December 15, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 16, 2014, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 5, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was January 25, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 26, 2015.
The Center appointed James A. Barker as the sole panelist in this matter on February 4, 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 says that it is a leading consulting firm established in 1996 that provides business and strategy solutions, including application development, maintenance, and outsourcing services in Spain and elsewhere around the world.
The Complainant is the owner of marks registered for EVERIS. These include Colombian trademark registrations for EVERIS in the name of the Complainant. The earliest of those marks was registered in 2007.
According to the WhoIs details, confirmed by the Registrar, the disputed domain name was created on April 16, 2014.
The Complainant provides screenshots of various pages from the Respondent’s website, contrasting them with examples of other websites which have a similar look and feel. From those examples, the Respondent’s website consistently includes a logo including the word “Ciros” alongside a title heading “MINING AND CONSTRUCTION”.
In the absence of a response, there is little information about the identity or operations of the Respondent.
Although not mentioned in the Complaint, the Complainant has previously been a successful complainant in a case under the .es Policy involving its mark: Everis Spain, SL c. Sergi Herrera,WIPO Case No. DES2008-0020. 5. Parties’ Contentions A. Complainant
The Complainant says that the disputed domain name is, for all intents and purposes, identical to its mark. The Complainant also refers to previous panel authority for the proposition that a mark which is entirely incorporated in a domain name establishes confusing similarity for the purposes of the Policy. Further, it is well established that the generic Top-Level Domain (gTLD) and the country code Top-Level Domain (ccTLD) may be disregarded when evaluating whether the domain name is identical or confusingly similar to the Complainant’s trademark.
The Complainant says that the Respondent has no rights or legitimate interests in the disputed domain name. The Respondent’s use of the disputed domain name does not meet the criteria for a bona fide offering of goods or services. The Complainant has not licensed or authorized the Respondent to use its mark. Even if the Respondent established that it was unaware of the Complainant’s mark, the Policy required the Respondent to determine whether the disputed domain name in
