Decisión del Panel Administrativo nº D2015-1733 of WIPO Arbitration and Mediation Center, November 22, 2015 (case Dassault (Groupe Industriel Marcel Dassault) v. Ma Xiaojuan)
| Resolution Date | November 22, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Dassault (Groupe Industriel Marcel Dassault) of Paris, France, represented by Dreyfus & associés, France.
The Respondent is Ma Xiaojuan of Xichang, Sichuan, China, self-represented.
The disputed domain names [dassault.cc] and [dassault.wang] are registered with Xin Net Technology Corp. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 29, 2015. On September 30, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On October 8, 2015, 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 8, 2015, the Center sent an email communication to the parties in both Chinese and English regarding the language of the proceeding. On October 9, 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, and the proceedings commenced on October 21, 2015. In accordance with the Rules, paragraph 5, the due date for Response was November 10, 2015. The Response was filed with the Center and copied to the Complainant’s legal representative on November 8, 2015.
The Center appointed Matthew Kennedy as the sole panelist in this matter on November 18, 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 corporate group in the aeronautic industry. It manufactures sells and services combat aircraft and passenger jets and has a commercial presence in over 83 countries. In 2013, it announced the creation of a new subsidiary in China. It has expanded into other industries including publishing, property management and development, and viticulture.
The Complainant is the owner of multiple registered trademarks consisting of or including the word DASSAULT. These include registrations of the word DASSAULT (French trademark No. 3373264 registered from 2005, and Community Trademark Registration No. 4837886 registered from 2007, each specifying goods and services in ten different classes), the mark DASSAULT AVIATION (International Registration No. 788925, registered from 2002, designating more than 20 countries, including China from 2011, specifying goods and services in classes 12, 37 and 39) and the mark CHATEAU DASSAULT (International Registration No. 1201515, registered from 2014, designating eight countries, including China from 2015, specifying wine). The Complainant also operates the domain names [dassault.com] and [dassault.fr].
According to the Registrar’s WhoIs database, the disputed domain names were registered on June 3, 2015. The Respondent is an individual in Sichuan Province, China. The contact address provided in his registration agreement is a city street section with no building...
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