Decisión del Panel Administrativo nº D2013-1139 of WIPO Arbitration and Mediation Center, August 22, 2013 (case INDÚSTRIA E COMÉRCIO DE CONFECÇÕES DI MIRMAY LTDA v. Qingrui Chen)

Resolution DateAugust 22, 2013
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionComplaint denied
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

INDÚSTRIA E COMÉRCIO DE CONFECÇÕES DI MIRMAY LTDA v. Qingrui Chen

Case No. D2013-1139

1. The Parties

The Complainant is INDÚSTRIA E COMÉRCIO DE CONFECÇÕES DI MIRMAY LTDA of Nova Trento, State of Santa Catarina, Brazil, represented by Silveiro Advogados, Brazil.

The Respondent is Qingrui Chen of Guangzhou, Guangdong, China.

2. The Domain Name and Registrar

The disputed domain name [dimy.com] is registered with Xin Net Technology Corp. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 25, 2013. On June 26, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 27, 2013, 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 July 1, 2013, the Center transmitted an email to the parties in both Chinese and English language regarding the language of the proceeding. On July 3, 2013, the Complainant confirmed its request that English be the language of the proceeding. On July 6, 2013, the Respondent requested that Chinese be 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 July 11, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response was July 31, 2013. The Response was filed with the Center on July 31, 2013.

The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on August 7, 2013. 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

A. Complainant

The Complainant is a company incorporated in Brazil and the owner of several registrations in Brazil and one registration in Paraguay for the trade mark DIMY (the “Trade Mark”).

B. Respondent

The Respondent is an individual resident in China.

C. The Disputed Domain Name

The disputed domain name was registered on November 16, 2001.

5. Parties’ Contentions

A. Complainant

The Complainant made the following submissions in the Complaint.

The Complainant was founded in 1994. It manufactures and sells a wide range of fashion products under the Trade Mark and the trade mark DI MIRMAY, including clothing, bags and accessories.

The Trade Mark is derived from the Complainant’s trade mark DI MIRMAY, which is part of the

Complainant’s corporate name, and which was specially coined by combining the first three letters of the names of the Complainant’s founders, Miriam Bettencourt Melo and Mayra Voltolini Sartori.

DIMY/DIMIRMAY is one of the most desired fashion brands in Brazil, particularly amongst teenage girls and young women. The Complainant’s DIMY products constantly appear in fashion editorials in the most important Brazilian fashion magazines.

The Complainant has over 270 employees and manufactures more than 50,000 items per year, sold in over 1,000 retail stores.

The Complainant’s DI MIRMAY and M device trade mark was registered in Brazil with a filing date of December 20, 1996. Its registration for the word mark DIMY-DIRMAY was registered in Brazil with a filing date of August 22, 2005. The filing date for each of its registrations for the Trade Mark in Brazil is August 27, 2007.

In addition to its registrations for the Trade Mark, the Complainant claims unregistered trade mark rights in respect of the term DIMY. The Complainant claims to have been using the Trade Mark as an abbreviation for its DI MIRMAY trade mark continuously since 1996.

The disputed domain name is confusingly similar to the Trade Mark.

The Respondent has not been authorised to use the Trade Mark and has no rights or legitimate interests in the disputed domain name. The Respondent has been using the disputed domain name since as early as 2008 in respect of a Portuguese language pay per click website with direct references to the Trade Mark and the Complainant’s products, and featuring sponsored links to fashion related websites (the “Website”). The Website has at various times contained wording such as “verão 2008 DIMY” (summer 2008 DIMY) and “roupas dessa marca” (clothes for this brand). All of this suggests the Respondent targetted the Complainant and the Trade Mark when it registered the disputed domain, or at the...

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