Decisión del Panel Administrativo nº D2015-0559 of WIPO Arbitration and Mediation Center, June 23, 2015 (case American Honda Motor Co., Inc. v. Domain Administrator - WhoIs Watchdog / Honda Automobile Customer Service - American Honda Motor Co., Inc.)

• Resolution Date: June 23, 2015
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

American Honda Motor Co., Inc. v. Domain Administrator - WhoIs Watchdog / Honda Automobile Customer Service - American Honda Motor Co., Inc.

Case No. D2015-0559

1. The Parties

Complainant is American Honda Motor Co., Inc., of Torrance, California, United States of America, represented by Phillips Ryther & Winchester, United States of America.

Respondent is Domain Administrator - WhoIs Watchdog, of Shanghai, China / Honda Automobile Customer Service - American Honda Motor Co., Inc. of Torrance, California, United States of America.

2. The Domain Name And Registrar

The disputed domain name [sanjosehonda.com] (“Domain Name”) is registered with Rebel.com Corp. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 30, 2015. On March 31, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On April 1, 2015, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. On April 14, 2015, Complainant stated that “the true or beneficial registrant is Domain Administrator, WhoIs Watchdog, which was the registrant of record prior to receiving a demand letter from our client. In footnote 1, we request that Domain Administrator, WhoIs Watchdog, be named as the respondent in the caption in order that the caption may accurately reflect the respondent’s true identity. In view of the above, we included “Domain Administrator, WhoIs Watchdog” in the caption, followed by “a/k/a” and the obviously false information in the current WhoIs record.” The Center informed Complainant that the Center would proceed to formal Complaint Notification on this basis, noting that any resultant (or related) issues of proper Respondent identity would in any case need to be considered at the discretion of the Panel.

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”).

In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified Respondent of the Complaint, and the proceedings commenced on April 29, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was May 19, 2015. The Respondent did not submit any Response. Accordingly, the Center notified the Respondent’s default on May 26, 2015.

The Center appointed John R. Keys, Jr. as the sole panelist in this matter on June 9, 2015. 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

Complainant is incorporated in California, United States of America, with a primary place of business in Torrance, California. Complainant is a wholly owned subsidiary of the Japanese corporation Honda Motor Co., Ltd. Honda Motor Co., Ltd. is a major manufacturer and seller of motorcycles, automobiles, small engines and other products in many countries of the world, including in the United States of America.

Honda Motor Co., Ltd. owns 13 trademark registrations for HONDA on the Principal Register of the United States, ten of which were registered before Respondent registered the Domain Name. The original U.S. registration of HONDA, No. 826,779, was issued on April 4, 1967, and remains active.

Complainant has the exclusive right to use trademarks belonging to Honda Motor Co., Ltd. in the United States and the right to sue to enforce those HONDA...