WIPO Arbitration and Mediation Center
Alternative Dispute Resolution Proceeding
Accelerated Proceeding
Case No. DSE2019-0032
1. Petitioner
The Petitioner is E. Remy Martin & Co,France, represented by Nameshield, France.
2. Domain Holder
The Domain Holder is C. L., China.
3. Domain Name and Procedural History
This Alternative Dispute Resolution proceeding relates to the domain name <remymartin.se>.
This Petition was filed under the Terms and Conditions of registration (the “.se Policy”) and the Instructions governing Alternative Dispute Resolution proceeding for domain names in the top-level domain .se (the “.se Rules”).
The WIPO Arbitration and Mediation Center (the “Center”) verified that the Petition satisfied the formal requirements of the .se Policy and the .se Rules. In accordance with Section 13 of the .se Rules, the Center formally notified the Domain Holder of the Petition on August 8, 2019. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder's default on September 10, 2019.
The Center appointed Tomas Norström as the sole Arbitrator in this matter on September 17, 2019. The Arbitrator has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with Section 1 of the .se Rules.
4. Factual Background
The Petitioner is since 1979 holder of the registered trade mark REMY MARTIN (a word mark) for Sweden.
The domain name <remymartin.se> was created (registered) in June 2019.
5. Claim
The Petitioner has requested that the domain name should be transferred to the Petitioner.
The Domain Holder has not responded to the request.
6. Discussion and Findings
The domain name is identical to a trade mark – held by the Petitioner – which is legally recognized in Sweden and to which the Petitioner can prove its rights.
It must be assumed that The Domain Name has been registered in bad faith.
The Domain Holder has not provided any information indicating rights or justified interest in the Domain Name.
7. Decision
The Arbitrator decides that the domain name <remymartin.se> shall be transferred to the Petitioner.
Tomas Norström
Date: September 19, 2019