Decisión del Panel Administrativo nº D2016-1938 of WIPO Arbitration and Mediation Center, December 02, 2016 (case Isetan Mitsukoshi Ltd. v. Colvin Peng, Ethan Corporation)

• Resolution Date: December 02, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Isetan Mitsukoshi Ltd. v. Colvin Peng, Ethan Corporation

Case No. D2016-1938

1. The Parties

The Complainant is Isetan Mitsukoshi Ltd. of Tokyo, Japan, represented by Nakamura & Partners, Japan.

The Respondent is Colvin Peng, Ethan Corporation of Shanghai, China.

2. The Domain Name and Registrar

The disputed domain name [isetanmitsukoshi.com] is registered with Beijing Innovative Linkage Technology Ltd. dba dns.com.cn (the "Registrar").

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the "Center") on September 23, 2016. On September 26, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 27, 2016, 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 3, 2016, the Center transmitted an email to the Parties in English and Chinese regarding the language of the proceeding. The Complainant submitted a request that English be the language of the proceeding on October 4, 2016. The Respondent did not comment on the language of the proceeding by the specified due date. The Complainant filed an amended Complaint on October 4, 2016 and a second amended Complaint on October 5, 2016.

The Center verified that the Complaint together with the first amended Complaint and the second amended 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 in English and Chinese, and the proceeding commenced on October 12, 2016. In accordance with the Rules, paragraph 5, the due date for Response was November 1, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on November 2, 2016. On November 9, 2016, upon a clarification request from the Center, the Complainant submitted a third amended Complaint. On the same day, the Center requested the Respondent to submit its comments (if any) to the Complainant's third Complaint by November 12, 2016. The Respondent did not submit any comments by the specified due date.

The Center appointed Jonathan Agmon as the sole panelist in this matter on November 18, 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 Isetan Mitsukoshi Ltd., a Japanese based company, the result of a merger between Isetan Co., Ltd. (established in 1886) and Mitukoshi, Ltd...