The Complainant contends that it’s been in business for 12 years, so it was impossible for the Respondent, that works in a similar industry, online travel, not to know about the AVIASALES brand. The Complainant claims that AVIASALES is the largest flight metasearch engine in the Russian Federation and the CIS that has been in existence since 2007. The Complainant states that the Domain Name was registered and is being used in bad faith for the purpose of selling it to the Complainant at an unreasonably high price starting at USD150,000. The Complainant claims that its trademark has a long history and wide-ranging brand recognition and that its mobile applications are widely used. The Complainant alleges that the Respondent has never been commonly known by the Domain Name. The Complainant claims that the Domain Name was in use only from June to August of 2018 and that currently the Domain Name does not direct to an active website. The Complainant alleges that there is no evidence of the Respondent's use or demonstrable preparations to use the Domain Name in connection with offering of goods or services. The Complainant contends that the Respondent has nor rights or legitimate interests in the Domain Name. The Complainant claims that the Domain Name is necessary for its group of companies to provide mobile applications to its users. The Complainant contends that the Domain Name is identical or confusingly similar to its AVIASALES trademark registered in the Russian Federation. The Respondent offered the Domain Name for sale to the Complainant at a price that exceeds its costs. Currently, the Respondent is not using the Domain Name to direct to any website. In 2018, the Respondent briefly used the Domain Name to direct to a website offering tickets for air travel. The Respondent registered the Domain Name on May 8, 2018.
#Aviasales english registration#
The Complainant owns a Russian trademark registration for the AVIASALES mark, registration number 504286, registered on January 20, 2014. 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 finds that it was properly constituted. The Center appointed Olga Zalomiy as the sole panelist in this matter on August 31, 2020. The Respondent sent an email communication to the Center on August 25, 2020, which the Panel has assessed in rendering this decision. No formal Response was filed with the Center. In accordance with the Rules, paragraph 5, the due date for Response was August 19, 2020. In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 30, 2020. 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”). On July 16, 2020, the Respondent responded in Russian that it was unable to negotiate in English because it was not proficient in it and requested to use Russian. On July 15, 2020, the Complainant submitted its request for English to be the language of the proceeding. On July 14, 2020, the Center sent an email communication in both English and in Russian to the Parties regarding the language of the proceeding. The Registrar confirmed that the language of the Registration Agreement for the Domain Name is Russian.
#Aviasales english verification#
On July 2, 2020, 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. On June 30, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 30, 2020. The disputed domain name (the “Domain Name”) is registered with RU-CENTER-MSK (Regional Network Information Center, JSC dba RU-CENTER) (the “Registrar”). The Respondent is Obshchestvo s organichennoj otvetstvennostyu “Ekstrip”, Russian Federation. The Complainant is Go Travel Un Limited, Russian Federation, represented internally. Obshchestvo s organichennoj otvetstvennostyu “Ekstrip” Case No. WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Go Travel Un Limited v.
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