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The Respondent should provide a further filing by November 26, 2021, responding to the Complainant’s further filing. The filing may, if the Complainant wishes, also reply to any matters set out in the Response. The Complainant should provide translations into English of any documents it wishes the Panel to take into account. The Complainant should provide a further filing by November 19, 2021, explaining (i) why it says ORWO is a ‘company acronym’ and identifying the company in question (ii) what it is referring to when it says ‘The Respondent has made efforts to acquire the mark of the Complainant’ and (iii) in more detail the previous litigation concerning the companies ARRI Media GmbH, Seal 1819 GmbH and FilmoTec GmbH, which it says also involved the Respondent and which is described in the section of the Complaint directed at paragraph 4(a)(iii) of the Policy. “The Panel requests that the Parties each provide a further filing as follows. On November 12, 2021, the Panel issued a Procedural Order (the “Procedural Order”). 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. Gardner as the sole panelist in this matter on November 8, 2021. The Response was filed with the Center on October 18, 2021.
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The Center received email communications on September 16, 17, 21, 22, and October 17, 2021, from the Respondent. In accordance with the Rules, paragraph 5, the due date for Response was October 11, 2021, and was extended until October 15, 2021. In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on September 21, 2021. The Center verified that the Complaint together with the amendment to 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”). The Complainant filed an amendment to the Complaint on September 20, 2021. The Center sent an email communication to the Complainant on September 15, 2021, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint.
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On August 12, 2021, 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. On August 11, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 10, 2021. The disputed domain name (the “Disputed Domain Name”) is registered with PDR Ltd. The Respondent is Jake Seal, United States of America (“United States” or “US”). The Complainant is ORWO Net GmbH, Germany, represented by lexTM Rechtsanwaelte, Germany.
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WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION ORWO Net GmbH v.
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