{ "case_number": "CAC-UDRP-102874", "time_of_filling": "2020-01-30 09:29:55", "domain_names": [ "walmartdemexico.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Wal-Mart de México, S.A.B. de C.V " ], "complainant_representative": "HSS IPM GmbH", "respondent": [ "DotBadger Domains \/ Online Admin" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant - Wal-Mart de México, S.A.B. de C.V - owns and operates self-service stores in Mexico and Central America. It operates discount stores, hypermarkets, supermarkets, membership self-service wholesale stores, and pharmacies including approximately 1,910 Bodega Aurrerá discount stores, 274 Walmart hypermarkets, 91 Superama supermarkets, and 163 Sam’s Club membership self-service wholesale stores. The Complainant also operates 540 Despensa Familiar and Palí discount stores; 97 Paiz, La Despensa de Don Juan, La Unión, and Más x Menos supermarkets; 143 Bodegas, Maxi Bodega, and Maxi Palí stores; and 31 Walmart hypermarkets in Costa Rica, Guatemala, Honduras, Nicaragua, and El Salvador.\r\n\r\nThe Complainant is part of WalMart Group, in particular it is a subsidiary of Walmart, Inc. (to be understood as Wal-Mart Stores, Inc.) the parent entity. In addition, Walmart Apollo, LLC, owning several trademark registrations consisting and\/or containing the terms WAL-MART and WALMART worldwide including Mexico, such as Mexican trademark WAL­-MART, Registration No 596598, is also part of the WalMart Group, i.e. it is a wholly owned subsidiary of Walmart, Inc.\r\n\r\nThe Complainant contends that the WalMart Group is internationally well-known as the world’s biggest retailer and that due to extensive use, advertising and revenue associated with its trademarks worldwide, the WalMart Group enjoys a high degree of renown including the European Union, where Respondent is located. It also enjoys a high degree of renown in Mexico and Latin America.\r\n\r\nThe Complainant uses the domain names , and to promote its activity. \r\n\r\nThe Complainant contends that the trademark “WALMART” is well-known worldwide.\r\n\r\nThe disputed domain name was created on May 29, 2007 and does not resolve to any active website. The Complainant provided evidence that in 2014 the disputed domain name resolved to a parking page displaying sponsored links using the trademark WALMART and in 2018 and in 2019 to a website offering AMAZON products.\r\n\r\nThe Complainant sent a cease and desist letter in November 2019 to the e-mail address listed in the WhoIs record associated with the disputed domain name, but the Respondent failed to respond.\r\n\r\n\r\n", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings pending or decided between the same parties and relating to the disputed domain name.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).", "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).", "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).", "procedural_factors": "The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.\r\n\r\nThe Complaint was filed in the name of Wal-Mart de México, S.A.B. de C.V. In its Complaint, the Complainant contends that it is part of the WalMart Group, in particular it is a subsidiary of Walmart, Inc. (to be understood as Wal-Mart Stores, Inc.). For this scope, the Complainant provided relevant evidence, indicating the significant subsidiaries of Wal-Mart Stores, Inc. among which Wal-Mart de México, S.A.B. de C.V. is included. In its Complaint, the Complainant refers also to the company Walmart Apollo, LLC. In particular, the Complainant contends that the WalMart Group holds WALMART trademarks in numerous countries all over the world. For instance, in Mexico the company Walmart Apollo, LLC owns the following trademark registrations: (i) Mexican Wordmark WAL-MART, Reg. No. 577558, registration date May 27, 1998, (ii) Mexican Wordmark WAL-MART, Reg. No.577559, registered on 27.05.1998, (iii) Mexican Wordmark WAL-MART, Reg. No. 596598, registered on December 14, 1998. On this regard the Complainant provided relevant evidence.\r\n\r\nUnder Paragraph 12 of the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules) “In addition to the complaint and the response, the Panel may request, in its sole discretion, further statements or documents from either of the Parties”.\r\n\r\nAccording to that paragraph 12, the Panel issued a Procedural Order and requested the Complainant: (1) to comment and submit relevant evidence on the following point: Walmart Apollo, LLC. is an affiliate of Wal-Mart de México, S.A.B. de C.V., being a subsidiary of Wal-Mart Stores, Inc. or, alternatively, (2) to provide relevant evidence of authorization received by Walmart Apollo, LLC. to file this UDRP Complaint.\r\n\r\nThe Panel granted the Complainant a term to submit the relevant evidence and comments in response to the Procedural Order. The Complainant submitted a Nonstandard Communication providing a declaration from the duly representative of Walmart Apollo, LLC’s (together with the Power of Attorney where the legal faculties of Walmart Apollo, LLC.’s legal representative were specified) confirming amongst others that: (1) Walmart Apollo, LLC, is a wholly owned subsidiary of WalMart, Inc., part of the Walmart Group (which also results from the submitted Power of Attorney); (2) Walmart Apollo, LLC has authorized WalMart lnc., which in turn has authorized Wal-Mart de México, S.A.B. de C.V. to use the relevant Mexican trademark registration WAL-MART no. 596598; (3) Walmart Apollo, LLC has authorized WalMart lnc., which in turn has authorized Wal-Mart de México, S.A.B. de C.V. to file the appropriate legal actions; including UDRP’s to recover - amongst others- the domain name .\r\n\r\nThe Respondent was also given a term to submit a reply, with a copy of the reply provided to the Complainant. However, the Respondent did not reply within the given time.\r\n\r\n", "decision": "Accepted", "panelists": [ "Dr. Federica Togo" ], "date_of_panel_decision": "2020-04-06 00:00:00", "informal_english_translation": "The Complainant has rights in the Mexican trademark registration WAL-MART no. 596598, registered on December 14, 1998 (owned by Walmart Apollo, LLC) under the UDRP for purposes of standing to file the Complaint.", "decision_domains": { "WALMARTDEMEXICO.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }