WIPO Domain Name Decision D2018-2569 for mycarflex.com
ADMINISTRATIVE PANEL DECISION Comercial Ariete, S.A DE C.V. v. Matthieu Rochegude Case No. D2018-2569 1. The Parties
Complainant is Comercial Ariete, S.A DE C.V. of Colonia Nápoles, Mexico, represented by Carpio, Ochoa & Martínez Abogados, Mexico.
Respondent is Matthieu Rochegude of Valence, France, self-represented. 2. The Domain Name and Registrar
The disputed domain name (the “Domain Name”) is registered with OVH (the “Registrar”). 3. Procedural History
The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on November 9, 2018. On November 12, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On November 15, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on November 20, 2018, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. On November 20, 2018, the Center also sent a Complaint Deficiency Notification to the Complainant. Complainant filed an amended Complaint on November 25, 2018.
On November 20, 2018, the Center sent an email communication in English and French to the Parties, informing them the language of the registration agreement is French and inviting the Parties to submit their preferences regarding the language of the proceeding. On November 23, 2018, Complainant requested English be the language of the proceeding and Respondent submitted its request on November 25, 2018, that French be the language of the proceeding.
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 Respondent of the Complaint, and the proceedings commenced on December 5, 2018. In accordance with the Rules, paragraph 5, the due date for Response was December 25, 2018. The Response was filed with the Center on December 21, 2018.
The Center appointed Robert A. Badgley as the sole panelist in this matter on January 11, 2019. 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
Complainant is a rent-a-car company founded in Mexico in 1962. It is the Mexican partner of the Avis Budget Group, which provides rental car services in the United States of America, New Zealand, and Australia. Complainant holds several registrations of the trademark CARFLEX in Mexico, in connection with car leasing and tourism services. Complainant’s earliest Mexican registration of the CARFLEX mark is April 30, 1999, under registration no. 608115.
Complainant’s Internet website is accessible at the domain name . There is no allegation or evidence in the record that Complainant operates, or intends to operate, outside of Mexico.
The Domain Name was registered on March 12, 2017. The Domain Name resolves to the website “”, at which site a simple login box appears, in French. The box sits beneath a stylized MyCarflex logo, and asks the visitor for his username