WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Chapps NV v. Domain Administrator, See PrivacyGuardian.org / Damlasu Aksener / Pusat Serbest
Case No. D2019-1107
1. The Parties
The Complainant is Chapps NV, Belgium, represented by Gevers Legal NV, Belgium.
The Respondents are Domain Administrator, See PrivacyGuardian.org, United States of America / Damlasu Aksener, Turkey / Pusat Serbest, Turkey.
2. The Domain Names and Registrars
The disputed domain names <chappsbuildinginspector.com> and <chappsdorminspector.com> (together the “disputed domain names”) are registered with NameSilo, LLC (the “Registrar”).
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 14, 2019. On May 14, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On May 14, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on May 17, 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 21, 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 Respondents of the Complaint, and the proceedings commenced on June 7, 2019. In accordance with the Rules, paragraph 5, the due date for response was June 27, 2019. The Respondents did not submit any response. Accordingly, the Center notified the Respondents’ default on July 3, 2019.
The Center appointed Kiyoshi Tsuru as the sole panelist in this matter on July 17, 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 Chapps NV, a Belgian company that offers mobile applications related to real estate inspections.
The Complainant owns the following trademark registrations, among others:
Trademark | Registration Number | Registration Date | Classes | Jurisdiction |
CHAPPS BUILDING INSPECTOR | 017910483 | September 13, 2018 | 9, 35, 42 | European Union |
CHAPPS DORM INSPECTOR | 017910487 | September 13, 2018 | 9, 35, 42 | European Union |
CHAPPS | 011416179 | May 9, 2013 | 9, 35, 42 | European Union |
CHAPPS | 1245498 | February 5, 2015 | 9, 35, 42 | United States of America |