WIPO Domain Name Decision D2018-2301 for mytissot.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Tissot S.A. v. Domains By Proxy, LLC / Serkan Ergovan Case No. D2018-2301 1. The Parties
The Complainant is Tissot S.A. of Le Locle, Switzerland, represented by Steven M. Levy, United States of America (“United States”).
The Respondent is Domains By Proxy, LLC of Scottsdale, Arizona, United States / Serkan Ergovan of Istanbul, Turkey. 2. The Domain Name and Registrar
The disputed domain name (the “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 October 10, 2018. On October 11, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On October 12, 2018, the Registrar transmitted by email to the Center its verification response confirming that Serkan Ergovan 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 October 18, 2018. In accordance with the Rules, paragraph 5, the due date for Response was November 7, 2018. The Response was filed with the Center on November 6, 2018.
The Center appointed Ian Lowe as the sole panelist in this matter on November 26, 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 leading designer, manufacturer and seller of specialty wristwatches based in Switzerland. It has carried on business under the name TISSOT for over 160 years. Its products are available at thousands of retail outlets throughout the world and the Complainant maintains hundreds of dedicated TISSOT branded retail stores throughout North America, Europe, the Middle East, Central and South America, Asia and Australia. It also has an official online retail channel at “”.
The Complainant is the owner of numerous registered trademarks around the world for the TISSOT mark, including European Union trademark number 225698 registered on November 12, 1998, United States trademark number 1639684 registered on April 2, 1991 and International trademark number 729106 registered on February 23, 2000, designated in 62 countries.
The Domain Name was registered on May 27, 2015. It resolves to a website at “” that features a wide range of watches manufactured by the Complainant and by a number of its competitors. Each watch listing includes a link to a page of the Amazon website offering the watch for sale. The “” website expressly states in a footer to its webpages that “www.” is a participant in the Amazon “affiliate advertising program designed to provide a means for sites to earn advertising fees by