WIPO Domain Name Decision D2019-0383 for superdrygreece.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION DKH Retail Limited v. Charles Martinez Case No. D2019-0383 1. The Parties
The Complainant is DKH Retail Limited of Cheltenham, United Kingdom, internally represented.
The Respondent is Charles Martinez of Houston, Texas, United States of America. 2. The Domain Name and Registrar
The disputed domain name is registered with NameSilo, LLC (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 19, 2019. On February 19, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 20, 2019, 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 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 February 28, 2019. In accordance with the Rules, paragraph 5, the due date for Response was March 20, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 21, 2019.
The Center appointed Christos A. Theodoulou as the sole panelist in this matter on March 27, 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 a company registered in the United Kingdom and is a wholly-owned subsidiary of the owners of the SUPERDRY mark, according to the uncontested allegations of the Complainant.
The SUPERDRY mark was created in 2002 and was launched in 2003, as a clothing brand.
The brand was sold through retail stores. The business progressed and the global revenue in the financial year ending 2018 was around GBP 1.6 billion, according to the uncontested allegations of the Complainant.
Nowadays the Complainant has over 550 branded/stores selling branded clothing in 45 different countries.
The “” website sells to over hundred countries worldwide, according to the uncontested allegations of the Complainant.
The Complainant is the owner of several domain names including , and . The Complainant also owns the Greek country code Top-Level Domain (“ccTLD”) “”, according to the uncontested allegations of the Complainant.
The Complainant is also the proprietor of many registered trademarks of the marks SUPERDRY covering clothing and accessories plus retail services in relation to these goods. Some of these registrations are:
- United Kingdom trademark registration no. 00002430291 SUPERDRY in classes 18 and 25 registered on April, 17 2009;
- European Union (“EU”) Trade Mark registration no. 003528403 SUPERDRY in class 25 registered on June 22, 2005;
- EU Trade Mark registration no. 009883372 SUPERDRY stylised in classes 9, 16 and 35 registered on February 2, 2012;
- EU Trade Mark registration no. 013360656 SUPERDRY stylised in classes 3, 4, 8, 9, 14, 16, 18, 20, 21, 24, 25, and 28 registered on March 14, 2015.
- EU Trademark Registration no. 016974917 SUPERDRY stylised in class 35 registered on October, 30 2017.
The disputed domain name was registered on September 13, 2018 long after the trademark and the domain name registrations of the Complainant. The disputed domain name resolves to a webpage offering the Complainant’s products for sale. 5. Parties’ Contentions A. Complainant
The Complainant contends that the disputed domain name is identica