WIPO Domain Name Decision D2018-2066 for carlosslimfundacion.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Fundación Carlos Slim, A.C. v. Luis Slim Case No. D2018-2066 1. The Parties
The Complainant is Fundación Carlos Slim, A.C. of Mexico City, Mexico, represented by Abelman Frayne & Schwab, United States of America.
The Respondent is Luis Slim of Madrid, Spain. 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 September 8, 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 10, 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. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amended Complaint on September 17, 2018.
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 September 19, 2018. In accordance with the Rules, paragraph 5, the due date for Response was October 9, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 10, 2018.
The Center appointed Adam Taylor as the sole panelist in this matter on October 19, 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 is a Mexican non-profit association founded by Mr. Carlos Slim and others in 1986. The Complainant develops programs designed to help vulnerable people in Latin America.
The Complainant owns three Mexican registered trade marks for FUNDACIÓN CARLOS SLIM namely Nos. 1040767, 1040768 and 1040772, in classes 41, 42 and 35 respectively, all registered on May 23, 2008.
The disputed domain name was registered on May 21, 2017.
There is no evidence that the disputed domain name has ever been used for a website or otherwise. 5. Parties’ Contentions A. Complainant
A summary of the Complainant’s contentions is as follows:
The Complainant has acquired common law trade mark rights in the name “Fundación Carlos Slim”, arising from its long and extensive use of that name.
The disputed domain name is confusingly similar to the Complainant’s trade marks.
The Respondent lacks rights or legitimate interests in the disputed domain name.
The Complainant has never licensed the Respondent to use its trade marks.
To the best of the Complainant’s knowledge, the Respondent has never used the name “Fundación Carlos Slim” or any similar name as a trade mark and the Respondent is not commonly known by any such name.
The Respondent has not used the disputed domain name for any bona fide offering of goods or services.
The Respondent