WIPO Domain Name Decision D2019-1207 for instagram.name
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Instagram, LLC v. Berisha Case No. D2019-1207 1. The Parties
The Complainant is Instagram, LLC, United States of America (“U.S.” or “United States”), represented by Hogan Lovells (Paris) LLP, France.
The Respondent is Berisha, Sweden. 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 May 27, 2019. On May 28, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 29, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on May 29, 2019, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on May 31, 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 the Respondent of the Complaint, and the proceedings commenced on June 3, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 23, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on June 24, 2019.
The Center appointed Edoardo Fano as the sole panelist in this matter on June 26, 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.
The Panel has not received any requests from the Complainant or the Respondent regarding further submissions, waivers or extensions of deadlines, and the Panel has not found it necessary to request any further information from the Parties.
Having reviewed the communication records in the case file provided by the Center, the Panel finds that the Center has discharged its responsibility under the Rules, paragraph 2(a), “to employ reasonably available means calculated to achieve actual notice to Respondent”. Therefore, the Panel shall issue its Decision based upon the Complaint, the Policy, the Rules, and the Supplemental Rules and without the benefit of a response from the Respondent.
The language of the proceeding is English, being the language of the Registration Agreement, as per paragraph 11(a) of the Rules. 4. Factual Background
The Complainant is Instagram, LLC, a U.S. company providing a world famous online photo and video sharing social networking application, founded in 2010 and acquired by Facebook, Inc. in 2012, owning several trademark registrations for INSTAGRAM, among which:
- European Union Trade Mark Registration No. 014493886 for INSTAGRAM, registered on December 24, 2015;
- United States Trademark Registration No. 4,146,057 for INSTAGRAM, registered on May 22, 2012;
- International Trademark Registration No. 1,129,314 for INSTAGRAM, registered on March 15, 2012.
The Complainant operates on the Internet at the main website “”, as well as with many other generic Top-Level Domains (“gTLDs”) and country code Top-Level Domains (“ccTLDs”) including the trademark INSTAGRAM.
The Complainant provided evidence in support of the above.
According to the WhoIs records, the disputed domain name was registered on May 17, 2016. When the Complaint was filed, the website at the disputed domain name resolved to a parking page of the hosting provider.
On March 2019, the Complainant’s representative sent a cease and desist to the Respondent through the disputed domain name hosting provider: the Respondent did not reply. 5. Parties’ Contentions A. Complainant
The Complainant states that the disputed domain name is identical to its trademark INSTAGRAM.
Moreover, the Complainant asserts that the Respondent has no rights or legitimate inter