Decisión del Panel Administrativo nº D2016-1268 of WIPO Arbitration and Mediation Center, August 20, 2016 (case Costco Wholesale Corporation v. yang xinfu, yangxinfu / YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service))

Resolution DateAugust 20, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Costco Wholesale Corporation v. yang xinfu, yangxinfu / YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service)

Case No. D2016-1268

1. The Parties

The Complainant is Costco Wholesale Corporation of Issaquah, Washington, United States of America (“United States” or “U.S.”), represented by Law Office of Mark J. Nielsen, United States.

The Respondent is yang xinfu, yangxinfu of Changde, Hunan, China / YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service) of Beijing, China.

2. The Domain Name and Registrar

The disputed domain name [kirkland-usa.com] is registered with HiChina Zhicheng Technology Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 23, 2016. On June 23, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 27, 2016, 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. The Center sent an email communication to the Complainant on June 28, 2016 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on June 28, 2016.

On June 28, 2016, the Center sent an email communication to the parties in both Chinese and English regarding the language of the proceeding. On June 28, 2016, the Complainant confirmed its request that English be the language of the proceeding. The Respondent did not comment on the language of the proceeding.

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”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceeding commenced on July 6, 2016. In accordance with the Rules, paragraph 5, the due date for Response was July 26, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 27, 2016.

The Center appointed Francine Tan as the sole panelist in this matter on August 8, 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

The Complainant is a publicly-traded company that operates its business in the sphere of warehouse club merchandising throughout the world under the “Costco” brand name. The business has been in operation since around 1983. The Complainant currently operates over 706 warehouse stores across the world including 494 in the United States. In the fiscal year 2015, the Complainant had USD 113 billion in sales, and is ranked the 18th largest company in the Fortune 500. The Complainant has become famous for the sale of brand name and high quality private label merchandise at low prices in warehouse-style stores.

The Complainant sells a wide range of products including nutritional supplements, over-the-counter pharmaceuticals, prescription pharmaceuticals, fresh, frozen and packaged food, non-alcoholic beverages, personal care products, household paper products, clothing, computers and home electronics products, furniture, home furnishings, jewelry, etc. under the KIRKLAND SIGNATURE trade mark. The trade mark was adopted...

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