WIPO Domain Name Decision D2018-2620 for virginprofunds.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Virgin Enterprises Limited v. Amrita Consult Case No. D2018-2620 1. The Parties
The Complainant is Virgin Enterprises Limited of London, United Kingdom, represented by Stobbs IP Limited, United Kingdom.
The Respondent is Amrita Consult of New York City, New York, United States of America (“United States” or “USA”). 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 November 15, 2018. On November 15, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 16, 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 sent a request for clarification to the Complainant on November 23, 2018. The Complainant filed an amendment to the Complaint on November 23, 2018.
The Center verified that the Complaint together with the amendment to 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 November 26, 2018. In accordance with the Rules, paragraph 5, the due date for Response was December 16, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 17, 2018.
The Center appointed Alvaro Loureiro Oliveira as the sole panelist in this matter on January 8, 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
The Complainant is Virgin Enterprises Limited, the brand owner for the Virgin Group of Companies. The Virgin Group originated in 1970 when Richard Branson began selling music records under the VIRGIN trademark. The Virgin Group now comprises over 60 businesses worldwide, operating in 35 countries including throughout Europe, the USA and Australasia.
The Complainant is the owner of the VIRGIN trademark and company name, and owns several trademark registrations granted worldwide for the “VIRGIN Mark”, i.e., United States Reg. No. 1413664, registered on October 14, 1986. The Complainant has been using the VIRGIN Mark since the seventies.
As evidenced by the documents attached to the Complaint, the Complainant’s mark VIRGIN was extensively promoted, without limitation, in print advertisements, promotional materials, Internet forums, etc. As stated, the Complainant has a significant portfolio of trademark registrations, domain registrations and a reputation in the VIRGIN brand.
The disputed domain name was registered on November 6, 2018 and resolved to a webpage that mirrored the official webpage of the Complainant. 5. Parties’ Contentions A. Complainant
The Complainant is the owner of the trademark VIRGIN, which object of a considerable number of registrations worldwide. Besides the Complainant also owns several domain name registrations. Proof of these allegations were presented