Decisión del Panel Administrativo nº D2015-1728 of WIPO Arbitration and Mediation Center, November 20, 2015 (case Compagnie Générale des Etablissements Michelin v. zhouhaotian)
| Resolution Date | November 20, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Compagnie Générale des Etablissements Michelin of Clermont-Ferrand, France, represented by Dreyfus & associés, France.
The Respondent is zhouhaotian of Changsha, Hunan, China.
The disputed domain name [michelin.pub] is registered with Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 29, 2015. On September 29, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On the same day, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
On October 1, 2015, the Center sent an email communication to the Parties in both Chinese and English regarding the language of the proceeding. On October 2, 2015, the Complainant confirmed its request that English be the language of the proceeding. The Respondent did not comment on the language of the proceeding by the specified due date.
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 and 4, the Center formally notified the Respondent of the Complaint in both Chinese and English, and the proceeding commenced on October 8, 2015. In accordance with the Rules, paragraph 5, the due date for Response was October 28, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 29, 2015.
The Center appointed Jonathan Agmon as the sole panelist in this matter on November 5, 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.
The Complainant is a French tire company that manufactures and markets tires for vehicles, including airplanes, automobiles, bicycles/motorcycles, earthmovers, farm equipment and trucks. It also offers electronic mobility support services on “www.viamichelin.com” and publishes travel guides, hotel and restaurant guides, maps and road atlases. Headquartered in Clermont-Ferrand, France, the Complainant is present in more than 170 countries, has 112,300 employees and operates 68 production plants in 17 different countries.
The Complainant has the industry’s largest professional tire sales and service network in China. At the end of 2011, the Complainant had more than 6,400 cars and light truck tire retailers while 1,338 truck and bus tires were contracted retailers by the end of March 2012. The Complainant created the industry’s best-known professional tire sales and service brand, “Chi added”, and nearly 700 Chi-plus stores by the end of March 2012.
The Complainant owns the following MICHELIN trademark registrations in China:
- MICHELIN Trademark No. 6167649, dated of January 7, 2010, and covering goods in class 12;
- MICHELIN Trademark No. 10574991, dated of June 7, 2013, and covering goods in class 16;
- MICHELIN Trademark No. 9156074, dated of February 14, 2013, and covering goods in class 35.
In addition, the Complainant operates, among others, the following domain names reflecting its trademarks in order to promote its services:
- [michelin.com] registered on December 1, 1993;
- [michelin.com.cn] registered on June 16, 2001.
The disputed domain name [michelin.pub] was registered on May 12, 2015, long after the Complainant registered the trademarks MICHELIN worldwide.
On July 3, 2015, before starting the present proceeding, the Complainant sent a cease-and-desist letter to the Respondent via registered letter and email on the basis of its trademark rights. The cease-and-desist letter requested the Respondent to transfer the disputed domain name to the Complainant free of charge. The Respondent replied that he will not transfer the disputed domain name unless he is compensated for the transaction.
The Complainant contends the disputed domain name is identical or at least confusingly similar to the Complainant’s trademark MICHELIN for the following reasons:
The disputed domain name substantially reproduces the Complainant’s...
To continue reading
Request your trial