Decisión del Panel Administrativo nº D2015-1380 of WIPO Arbitration and Mediation Center, September 25, 2015 (case Lesaffre et Compagnie S.A. v. calvin woo/YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service))

Resolution DateSeptember 25, 2015
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Lesaffre et Compagnie S.A. v. calvin woo/YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service)

Case No. D2015-1380

1. The Parties

The Complainant is Lesaffre et Compagnie S.A. of Paris, France, represented by Hogan Lovells (Paris) LLP, France.

The Respondent is calvin woo of Hangzhou, Zhejiang, China; YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service) of Beijing, China.

2. The Domain Name and Registrar

The disputed domain names [saf-instant.net], [safinstant.net] and [saf-yeast.com] are registered with HiChina Zhicheng Technology Ltd. (the "Registrar").

3. Procedural History

The (English language) Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on August 5, 2015. On August 6, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On August 10, 2015, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on August 11, 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 amended (English language) Complaint on the same day.

On August 11, 2015, the Center sent an email communication to the parties in both Chinese and English regarding the language of the proceeding. On the same day, the Complainant confirmed its request that English be the language of the proceeding. On August 13, 2015, the Respondent requested that Chinese be the language of the proceeding.

The Center verified that the Complaint together with 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 of the Complaint in both Chinese and English, and the proceeding commenced on August 18, 2015. In accordance with the Rules, paragraph 5, the due date for Response was September 7, 2015. Similar (Chinese language) Responses were filed with the Center on August 15, 2015 and September 3, 2015 respectively.

The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on September 11, 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

A. Complainant

The Complainant is a company incorporated in France; the world's largest producer and manufacturer of yeast and yeast related products; and the owner of numerous registrations worldwide for the trade marks SAF, SAF INSTANT...

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