Decisión del Panel Administrativo nº D2015-0272 of WIPO Arbitration and Mediation Center, April 20, 2015 (case Deutz AG v. su su xiaoji)

• Resolution Date: April 20, 2015
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Deutz AG v. su su xiaoji

Case No. D2015-0272

1. The Parties

The Complainant is Deutz AG, Cologne, Germany, represented by Bardehle Pagenberg Partnerschaft mbB, Germany.

The Respondent is su su xiaoji of Shijiazhuang Hebei, China.

2. The Domain Name and Registrar

The disputed domain name [china-deutz.com] is registered with 35 Technology Co., Ltd. (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on February 20, 2015. On February 20, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 26, 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 February 26, 2015, the Center transmitted an email in English and Chinese to the parties regarding the language of the proceeding. On February 27, 2015, the Complainant submitted a Chinese translation of the Complaint, while still requesting English as the language of the proceeding.

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 the Respondent of the Complaint, and the proceeding commenced on March 4, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was March 24, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on March 25, 2015.

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

The Complainant is an engine manufacturer, based in Cologne, Germany. It was founded in 1864 and incorporated on July 10, 1884. The Complainant distributes worldwide diesel engines and engine components for agricultural machinery, marine propulsion, automobiles and construction equipment. It distributes its products worldwide through subsidiaries and/or contractual partners and distributors. In China, business is conducted via its subsidiary, Deutz (Beijing) Engine Ltd., amongst 15 other official distributors.

The Complainant has German, European Community, Chinese and International trade mark registrations for the word mark DEUTZ and figurative mark incorporating the word DEUTZ. The International and German trade mark registrations predate the date of registration of the disputed domain name.

The Complainant has domain name registrations incorporating the DEUTZ trade mark including [deutz.com], [deutz.de], [deutz.cn], [deutz-china.com], [deutzchina.com], [deutzchina.cn] and [deutzchina.com.cn]. It promotes its engines, in particular, on its website at "www.deutz.com", in German and English.

The disputed domain name was registered on February 23, 2004. The Respondent appears from its website to be offering goods in the nature of spare parts and engines or other...