Decisión del Panel Administrativo nº D2015-1003 of WIPO Arbitration and Mediation Center, August 24, 2015 (case Electrolux v. Zhang Yu Han / YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service))

Resolution DateAugust 24, 2015
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Electrolux v. Zhang Yu Han / YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service)

Case No. D2015-1003

1. The Parties

The Complainant is AB Electrolux of Stockholm, Sweden, represented by BrandIT Legal AB, Sweden.

The Respondent is Zhang Yu Han of Beijing, China / YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service) of Beijing, China.

2. The Domain Name and Registrar

The disputed domain name [electroluxwx.net] 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 15, 2015. On June 15, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 16, 2015, 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 17, 2015 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 18, 2015.

On June 17, 2015, the Center sent an email communication to the parties in both Chinese and English regarding the language of the proceeding. On June 18, 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 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 26, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was July 16, 2015. The Respondent did not submit any response save for an email communication dated June 18, 2015 which is not substantive. The Center notified the parties that it would proceed to the Panel Appointment process on July 17, 2015

The Center appointed Sok Ling MOI as the sole panelist in this matter on July 24, 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 a Swedish joint stock company founded in 1901, and is one of the world's leading producers of appliances and equipment for kitchen and cleaning products and floor care products with a worldwide presence. The ELECTROLUX brand is the Complainant's flagship brand for kitchen and cleaning appliances for both consumers and professional users.

The Complainant is the owner of numerous trade mark registrations for the trade mark ELECTROLUX worldwide. Among others, the Complainant is the owner of International Trade Mark Registration No. 836605 (designating China and other countries) - "ELECTROLUX and device" (registered since March 17, 2004), Chinese Trade Mark Registration No. 11314983 - "ELECTROLUX" (registered since January 7, 2014) and Chinese Trade Mark Registration No. 976005 - "伊莱乐思" (which is the Chinese name of ELECTROLUX) (registered since April 7, 1997).

The Complainant has also registered a number of domain names incorporating the trade mark ELECTROLUX, such as [electrolux.com], registered on April 30, 1996 and [electrolux.com.cn], registered on June 6, 1998. These domain names are connected to the Complainant's website through which it informs potential customers about its ELECTROLUX trade mark, products and services.

The disputed domain name [electroluxwx.net] was registered on November 26, 2014, long after the Complainant has registered the trade mark ELECTROLUX worldwide. The disputed domain name resolves to a website which shows the ELECTROLUX trade mark and logo, and the offer of after-sales repair services for ELECTROLUX products.

5. Parties' Contentions

A. Complainant

The Complainant is today a global leader in home and professional appliances, after 90 years of innovations and acquisitions since its origin in selling a single kind of vacuum cleaner. In 2014, the Complainant had sales of SEK 112 billion and employed about 60,000 employees. It is present in more than 150 countries.

The Complainant is the owner of trade mark ELECTROLUX...

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