Decisión del Panel Administrativo nº D2016-1807 of WIPO Arbitration and Mediation Center, October 17, 2016 (case Jack Wolfskin Ausrüstung für Draussen GmbH Co. KGaA. v. Yu Liu / Liu Yu)

• Resolution Date: October 17, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Jack Wolfskin Ausrüstung für Draussen GmbH & Co. KGaA. v. Yu Liu / Liu Yu

Case No. D2016-1807

1. The Parties

The Complainant is Jack Wolfskin Ausrüstung für Draussen GmbH & Co. KGaA. of Idstein/Taunus, Germany, represented by Harmsen Utescher, Germany.

The Respondent is Yu Liu / Liu Yu of Shanghai, China.

2. The Domain Name and Registrar

The disputed domain name [jackwolfskinoutletonlines.com] is registered with HiChina Zhicheng Technology Ltd. (the "Registrar").

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the "Center") on September 6, 2016. On the same day the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. The following day 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. On September 9, 2016, the Center sent an email communication to the Complainant providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. On September 12, 2016, the Complainant filed the amended Complaint.

On September 9, 2016, the Center sent an email communication to the Parties in both Chinese and English regarding the language of the proceeding. On September 12, 2016, 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 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 in both Chinese and English of the amended Complaint, and the proceeding commenced on September 16, 2016. In accordance with the Rules, paragraph 5, the due date for Response was October 6, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on October 7, 2016.

The Center appointed Matthew Kennedy as the sole panelist in this matter on October 11, 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 produces and sells outdoor and sporting apparel and equipment in Europe, America and Asia. The Complainant owns multiple trademark registrations in multiple jurisdictions including German trademark registration No. 1049490 for JACK WOLFSKIN, registered in 1983; European Union trademark registration No. 6733208 for JACK WOLFSKIN registered in 2009; International registrations Nos. 629193 and 643936 for JACK WOLFSKIN, registered in 1994 and 1995, respectively, both designating multiple jurisdictions including China; and European Union trademark registration No. 3034915 for JACK WOLFSKIN and device registered in 2005. These registrations specify goods and services...