WIPO Domain Name Decision D2018-1360 for ulkeralpella.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Yildiz Holding Anonim Sirketi v. Ibrahim Cosar Case No. D2018-1360 1. The Parties
The Complainant is Yildiz Holding Anonim Sirketi of Istanbul, Turkey, internally represented.
The Respondent is Ibrahim Cosar of Istanbul, Turkey. 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 June 19, 2018. On June 19, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 20, 2018, 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 22, 2018. In accordance with the Rules, paragraph 5, the due date for Response was July 12, 2018. The Respondent sent an informal communication to the Center in Turkish on June 23, 2018. The Respondent did not submit any substantive response. The Center informed the Parties that it would proceed to panel appointment on July 13, 2018.
The Center appointed Selma Ünlü as the sole panelist in this matter on July 27, 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 Complainant in this administrative proceeding, Yildiz Holding Anonim Sirketi having a number of subsidiaries with a long-standing past, is one of the Turkey’s leading actors in the food industry with its various product ranges since 1944.
As is submitted by the Complainant as Annexes E and F, the Complainant owns the registered ULKER and ALPELLA trademarks in several classes around the world, as well as in Turkey. The said trademarks are also registered to the well-known trademark registry before the Turkish Patent and Trademark Office.
As the Panel examined the registrations of the Complainant on the date of August 1, 2018, it has been noted that the Complainant has 1,065 trademark registrations before the Turkish Patent and Trademark Office consisting of the ULKER trademark as its very first registration in Turkey dating back to December 31, 1976 despite the fact that the said trademark is lapsed. It is also determined by the Panel that the Complainant’s ULKER trademark is recognized as a well-known trademark before the Turkish Patent and Trademark Office with the special number of T/00081.
Moreover, it has been also noted that the Complainant has 72 trademark registrations before the Turkish Patent and Trademark Office consisting of the ALPELLA trademark as its very first registration in Turkey dating back to September 9, 1994. It is also determined by the Panel that the Complainant’s ALPELLA trademark is also recognized as a well-known trademark before the Turkish Patent and Trademark Office with the special number of T/01665.
The Respondent has chosen not to submit any Response to the contentions raised in the Complaint.
The disputed domain name was registered on March 22, 2018 and resolves to a Registrar parking site including pay-per-click (“PPC”) links. 5. Parties’ Contentions A. Complainant
Pursuant to paragraph 4(i) of the Policy, the Complainant requests that the disputed domain name be transferred to the Complainant. The Complainant submits the grounds for these proceedings listed in paragraph 4(a) of the Policy.
In summary, the Complainant contends the following:
Identical or Confusingly Similar
The Complainant states that it owns registered ULKER and ALPELLA trademarks which are also registered as well-known trademarks. The Complainant states that it is the third biggest biscuit producer in the world and has different business activities other than confectionery and other food-related groups.
The Complainant asserts that the disputed domain name comprises of the words “Ulker” and “Alpella” which are confusingly similar to its registered ULKER and ALPELLA trademarks. Thanks to its commercial activities as of 1944, those trademarks have a certain level of famousness in Turkey and as a Turkish person it is not possible for the Respondent not to have any knowledge of these trademarks.
No Rights or Legitimate Interests
The Complainant alleges that the Respondent is not and has never been one of the Complainant’s licensees, nor is he otherwise authorized to use the Complainant’s mark. The Respondent does not have any rights or legitimate interests in the disputed domain name. Moreover, the Complainant states that the Respondent was contacted with regards to the transferal of the disputed domain name. However, the Respondent offered to sell the disputed domain name in return for compensation in the amount of TRY 50,000 and also alleged that there is no possible legal action to be taken unless the Respondent uses any content related to the Complainant.
Therefo