WIPO Domain Name Decision D2018-2062 for virginatlancticflight.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Virgin Enterprises Limited v. Michelle Grand Case No. D2018-2062 1. The Parties
The Complainant is Virgin Enterprises Limited of London, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”), represented by Stobbs IP Limited, United Kingdom.
The Respondent is Michelle Grand of Paris, France. 2. The Domain Name and Registrar
The disputed domain name is registered with PDR Ltd. d/b/a PublicDomainR (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 7, 2018. On September 10, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 11, 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 September 11, 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 September 14, 2018.
The Center verified that the Complaint and 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 September 17, 2018. In accordance with the Rules, paragraph 5, the due date for Response was October 7, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 8, 2018.
The Center appointed Manuel Moreno-Torres as the sole panelist in this matter on October 16, 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 Virgin Group was initially set up by Richard Branson in the United Kingdom in 1970 and comprises nowadays over 60 businesses worldwide, operating in 35 countries.
It possesses many valid registrations for its VIRGIN and VIRGIN ATLANTIC (e.g. EUIPO Registration No. 014030589; registered on October 12, 2015). Both trademarks have an extensive reputation and are well-known.
The disputed domain name, , is owned by the Respondent and was registered on May 16, 2018. The disputed domain name resolved to a webpage that seems to be the official site of the Complainant. However, today it is inactive. 5. Parties’ Contentions A. Complainant
The Complainant alleges to be the owner of the VIRGIN and VIRGIN ATLANTIC trademarks in multiple jurisdictions. The disputed domain name comprises the VIRGIN ATLANTIC trademark typosquatted by the inclusion of the letter “c” ahead of the letter “t” and the addition of the “flight” term. Besides, such a practice is not to be acknowledged by the Internet user since it does not serve to create an overall different impression.
The term “flight” is merely descriptive of the airline service which the Complainant provides. Therefore, the Complainant asserts that there is a risk of a likelihood of confusion, because it reinforces a false connection with the Complainant’s core business. The Complainant produced a number of successful UDRP decisions where VIRGIN and VIRGIN ATLANTIC were found to be well-known and that a likelihood of confusion did exist in relation to the corresponding disputed domain names.
With regard to the second element, the Complainant asserts that it has not authorized the use of its VIRGIN or VIRGIN ATLANTIC trademarks by the Respondent. Further, the Respondent is not known by the term “virgin” or “virgin atlantic”. The Complainant also argues that the Respondent is not using the disputed domain name in connection with a legitimate offering of goods/services. Therefore, the Respondent has no right or legitimate interest in the disputed domain name.
Regarding to the third requirement, the Complainant alleges that the Respondent was aware of the Complainant on the date on which the disputed domain name was registered. The disputed domain name has been used to impersona