WIPO Domain Name Decision D2019-0273 for bizom.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Mobisy Technologies Private Limited v. Ibrahim Kazanci Case No. D2019-0273 1. The Parties
Complainant is Mobisy Technologies Private Limited of Bangalore, India, represented by Fox Mandal & Associates, India.
Respondent is Ibrahim Kazanci of Calgary, Alberta, Canada, self-represented. 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 January 31, 2019. On February 5, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On February 6, 2019, the Registrar transmitted by email to the Center its verification response confirming that 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, Complainant filed an amended Complaint on February 13, 2019.
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 February 14, 2019. In accordance with the Rules, paragraph 5, the due date for Response was March 6, 2019. The Response was filed with the Center on February 24, 2019.
The Center appointed Robert A. Badgley as the sole panelist in this matter on March 6, 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 company incorporated in India. Complainant describes itself as a “technology enabler in the FMCG [fast-moving consumer goods] Distribution Business.” According to Complainant, it has developed “proprietary software called BIZOM, which is a last mile sales force automation and supply chain software capable of providing tracking activities of on field sales executive containing all or any of the features viz., vans sales automation, order management, attendance workflow, activities capture, distribution management system, claims management, vendor management, asset management, task management etc”. Complainant states that it also provides Customer Relationship Management [CRM] services and Enterprise Resource Planning [ERP] services.
According to the Complaint, Complainant’s BIZOM mark is well known, and Complainant has recently become “the third fastest growing tech company in India.” Complainant holds a number of registered trademarks for BIZOM in India, with registrations dated March 3, 2017. Complainant also holds an international mark for BIZOM under the Madrid protocol, registration number 1 441 134 dated August 10, 2018.
It is not known from the Complaint or annexes thereto when Complainant first used the BIZOM mark in commerce. A review of Complainant’s website at (undertaken by the Panel), at the site’s “About Us” page, indicates that BIZOM was “launched” in 2012, and Complainant acquired its first customer of BIZOM services in 2012.
The Domain Name was registered on June 25, 2004. Little is known of Respondent, whose Response is rather lean in substance, but Respondent states that he incorporated the company Bizom Business Solutions Inc. in Alberta, Canada. The certificate of incorporation annexed to the Response bears the date February 14, 2019, which is one day after the Complaint in this proceeding was filed. Respondent does not describe its actual business, and does not