WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Instagram, LLC v. Bernadette Zakhm Selim Abou Case No. DEU2018-0021 1. The Parties

The Complainant is Instagram, LLC of Menlo Park, California, United States of America (“United States”), represented by Hogan Lovells (Paris) LLP, France.

The Respondent is Bernadette Zakhm Selim Abou of Paris, France. 2. The Domain Name, Registry and Registrar

The Registry of the disputed domain name is the European Registry for Internet Domains (“EURid” or the “Registry”). The Registrar of the disputed domain name is D-Cube Resource (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 28, 2018. On June 29, 2018, the Center transmitted by email to the Registry a request for registrar verification in connection with the disputed domain name. On June 29, 2018, the Registry transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint satisfied the formal requirements of the .eu Alternative Dispute Resolution Rules (the “ADR Rules”) and the World Intellectual Property Organization Supplemental Rules for .eu Alternative Dispute Resolution Rules (the “Supplemental Rules”).

In accordance with the ADR Rules, Paragraph B(2), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 2, 2018. In accordance with the ADR Rules, Paragraph B(3), the due date for Response was September 13, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 14, 2018.

The Center appointed Jonas Gulliksson as the sole panelist in this matter on September 28, 2018. 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 ADR Rules, Paragraph B(5).

On November 1, 2018 the Panel issued Procedural Order No. 1, seeking further information from the Complainant in relation to the eligibility requirements of Paragraph 4(2)(b) of Regulation (EC) No 733/2002, and asking for a clarification regarding the Complainant’s claims. 4. Factual Background

The Complainant is an American company and holder of, inter alia, the international trademark registration for INSTAGRAM (registration number 1129314), designating the European Union, registered on March 15, 2012.

The disputed domain name was registered on March 2, 2015 and does not resolve to any active website. 5. Parties’ Contentions A. Complainant

The Complainant is a world-renowned online photo and video sharing social networking application. The Complainant’s website, available at “”, is ranked the 14th most visited website in the world, according to web information company Alexa. Currently, Instagram has 500 million daily active users.

Given the exclusive online nature of the Complainant’s business, the Complainant’s domain names consisting of its trademark are not only the heart of its entire business but also the main way for its millions of users to avail themselves of its services. The Complainant is the registrant of numerous domain names consisting of or including the term “instagram”. Moreover, the Complainant has secured ownership of numerous trademark registrations for INSTAGRAM in many jurisdictions around the world, including in the European Union.

The term “instagram” is highly distinctive and exclusively associated with the Complainant.

The disputed domain name does not resolve to any active website. According to the Complainant’s research, it appears that the disputed domain name has been passively held by the Respondent since its creation.

In May 2018, the Complainant’s legal representatives sent a cease-and-desist letter to the Respondent, asserting its trademark rights and requesting the Respondent to transfer the disputed domain name to the Complainant. The Complainant did not receive any response to the said letter.

The Respondent has no rights or legitimate interests in the disputed domain name. The Respondent is not a licensee of the Complainant, nor has it been otherwise authorized or allowed by the Complainant to make any use of its INSTAGRAM trademark, in a domain name or otherwise. The Respondent cannot assert that it has been using the disputed domain name, prior to any notice of the present dispute, in connection with a bona fide offering of goods or services or that it has made demonstrable preparation to do so. The disputed domain name does not resolve to any active website and there is no evidence that the Respondent has made any preparations to use the disputed domain name in connection with a bona fide offering of goods or services.

The Respondent cannot conceivably claim that it is commonly known by the disputed domain name,