WIPO Domain Name Decision D2018-2863 for gaymec.info
ADMINISTRATIVE PANEL DECISION Deus Communication v. UAB Novabrand / UAB Novabrabnd, DKD Dating Network c/o Lithuanian, USA and Russian Joint Venture JSC DKD Case No. D2018-2863 1. The Parties
Complainant is Deus Communication of Boulogne-Billancourt, France, represented by Deleporte Wentz Avocat, France.
Respondents are UAB Novabrand / UAB Novabrabnd and DKD Dating Network c/o Lithuanian, USA and Russian Joint Venture JSC DKD, of Visaginas, Lithuania. 2. The Domain Name and Registrar
The disputed domain name (the “Domain Name”) is registered with Crazy Domains FZ-LLC (the “Registrar”). 3. Procedural History
The Complaint was filed in French with the WIPO Arbitration and Mediation Center (the “Center”) on December 17, 2018. On December 17, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On December 21, 2018, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details. On December 21, 2018, the Center notified the Parties in both English and French that the language of the Registration Agreement for the disputed domain name was English. Complainant filed an amended Complaint in English on December 23, 2018. Moreover, Complainant filed an amendment to the Complaint on January 2, 2019.
The Center verified that the Complaint together with the amended Complaint and 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 Respondents of the Complaint, and the proceedings commenced on January 4, 2019. In accordance with the Rules, paragraph 5, the due date for Response was January 24, 2019. Respondents did not submit any response. Accordingly, the Center notified Respondents’ default on January 25, 2019.
The Center appointed Robert A. Badgley as the sole panelist in this matter on February 12, 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, based in France, operates an online “dating site for adults” in the French language. Complainant does so via the trademark GAYMEC, registered in France in March 2005 (registration No. 3350970) and July 2010 (registration No. 9243601). Complainant uses the domain names and for this dating website.
The Domain Name was registered on January 6, 2015. Respondent UAB Novabrand is the registrant and, according to Complainant, Respondent DKD Dating Network has been authorized by UAB Novabrand to use the Domain Name to operate a dating website. Both Respondents share the same physical address in Lithuania.
The Domain Name does not currently resolve to an active website. At some point, however, the Domain Name resolved to a website – in the French language – purporting to offer various gay dating services.
In October and November 2018, Complainant sent letters to Respondents regarding the latters’ allegedly infringing registration and use of the Domain Name. According to the Complaint, there was no response to these letters. 5. Parties’ Conte