Decisión del Panel Administrativo nº D2016-0475 of WIPO Arbitration and Mediation Center, April 25, 2016 (case Accor and SoLuxury HMC v. Athena Pham, Athena Pham/PRIVATE REGISTRANT, A HAPPY DREAMHOST CUSTOMER)

• Resolution Date: April 25, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer, cancellation in part
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Accor and SoLuxury HMC v. Athena Pham, Athena Pham/PRIVATE REGISTRANT, A HAPPY DREAMHOST CUSTOMER

Case No. D2016-0475

1. The Parties

The Complainants are Accor and SoLuxury HM of Paris, France, represented by Dreyfus & associés, France.

The Respondent is Athena Pham of Hanoi, Viet Nam; Athena Pham of Hanoi, Viet Nam / PRIVATE REGISTRANT, A HAPPY DREAMHOST CUSTOMER of Brea, California, United States of America.

2. The Domain Names and Registrars

The disputed domain names [accorproperty.com], [hotelf1hotels.com], [sofitelparis.com], [suitenovotelhotels.com] and [thalassaseaandspa.com] are registered with DreamHost, LLC.

The disputed domain names [accorgrandmercure.com], [accorluxuryhotels.com], [accorluxuryresorts.com], [accorluxuryvillas.com], [accormgallery.com], [accornovotel.com], [accorpullman.com], [accorsofitel.com], [accorsuitenovotel.com], [accorthesebel.com], [accorvillas.com], [mgalleryaccor.com], [pullmanaccor.com] and [sofitelaccor.com] are registered with GoDaddy.com, LLC.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 9, 2016. On March 9, 2016, the Center transmitted by email to DreamHost, LLC and GoDaddy.com, LLC a request for registrar verification in connection with the disputed domain names. On March 9, 2016, GoDaddy.com, LLC transmitted by email to the Center its verification response confirming that the Respondent Athena Pham is listed as the registrant and providing the contact details. On March 9, 2016, DreamHost, LLC transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain names which differed from the named Respondent PRIVATE REGISTRANT, A HAPPY DREAMHOST CUSTOMER and contact information in the Complaint. The Center sent an email communication to the Complainants on March 11, 2016 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainants to submit an amendment to the Complaint. The Complainants filed an amended Complaint on March 14, 2016.

The Center verified that the Complaint together with the amended 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").

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March 15, 2016. In accordance with the Rules, paragraph 5, the due date for Response was April 4, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on April 5, 2016.

The Center appointed William A. Van Caenegem as the sole panelist in this matter on April 12, 2016. 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 Rules, paragraph 7.

4. Factual Background

Accor and SoLuxury HMC (the "Complainant") are acting as a single entity in these proceedings. SoLuxury HMC is a fully owned subsidiary of Accor. The Complainant owns numerous trademark registrations around the world relevant to these proceedings. In relation to Viet Nam, where the Respondent is located, the Complainant refers to the following registrations: International trademark ACCOR No. 727696 designating Viet Nam, dated December 28, 1999 (renewed), for goods and services in classes 16, 39 and 42; International trademark ACCORHOTELS No. 1103847, dated of December 12, 2011, for services in classes 35, 39 and 43; International trademark PULLMAN No. 502625 designating Viet Nam, dated of May 5, 1986 (renewed), for goods and services in classes 29, 30, 33 and 42; International trademark MERCURE No. 403334, dated of December 14, 1973, for goods and services in classes 8, 16, 21, 39, 41...