Decisión del Panel Administrativo nº D2015-2241 of WIPO Arbitration and Mediation Center, February 03, 2016 (case Genentech Inc. v. Bao Qiang Li, Li Bao Qiang)

Resolution DateFebruary 03, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Genentech Inc. v. Bao Qiang Li, Li Bao Qiang

Case No. D2015-2241

1. The Parties

The Complainant is Genentech Inc. of South San Francisco, California, United States of America, represented by F. Hoffmann-La Roche AG, Switzerland.

The Respondent is Bao Qiang Li, Li Bao Qiang of Cangzhou, Hebei, China.

2. The Domain Name and Registrar

The disputed domain name [hkherceptin.com] is registered with Bizcn.com, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 9, 2015. On December 9, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 10, 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 December 16, 2015, the Center sent an email communication to the parties in both Chinese and English regarding the language of the proceeding. On December 16, 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.

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 in both Chinese and English of the Complaint, and the proceeding commenced on December 28, 2015. In accordance with the Rules, paragraph 5, the due date for Response was January 17, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 18, 2016.

The Center appointed Matthew Kennedy as the sole panelist in this matter on January 21, 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 company that conducts research and development of pharmaceutical and diagnostic products. It has global operations in more than 100 countries, including China. The Complainant has obtained various registrations of the trademark HERCEPTIN for pharmaceutical preparations for the treatment of cancer. These include International Registration No. 884423 (registered from 2006) and Chinese registration No. 1360814 (registered from 2000) which remain in effect. The Complainant also operates the domain name [herceptin.com].

The Respondent is an individual who uses the disputed domain name in connection with an online pharmacy that offers for sale what are alleged to be HERCEPTIN pharmaceuticals manufactured by the Complainant and HERCLON pharmaceuticals manufactured by a company related to the Complainant. The disputed domain name was registered on November 21, 2015. The contact address in the Registrar’s WhoIs database contains incorrect information as the town and postcode do not match.

5. Parties’ Contentions

A. Complainant

The...

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