Decisión del Panel Administrativo nº D2015-0489 of WIPO Arbitration and Mediation Center, May 18, 2015 (case Newegg Inc. v. Ma Qian Li)

Resolution DateMay 18, 2015
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Newegg Inc. v. Ma Qian Li

Case No. D2015-0489

1. The Parties

The Complainant is Newegg Inc. of City of Industry, California, United States of America, represented internally.

The Respondent is Ma Qian Li of Qujing, Yunnan, China.

2. The Domain Name and Registrar

The disputed domain name [neweggcloud.com] is registered with eName Technology Co., Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 20, 2015. On March 20, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 23, 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 March 23, 2015, the Center sent an email communication to the parties in both Chinese and English regarding the language of the proceeding. On March 25, 2015, the Complainant requested that English be the language of the proceeding. The Respondent did not comment on the language of the proceeding by the specified due date.

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 April 8, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was April 28, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on April 29, 2015.

The Center appointed Jonathan Agmon as the sole panelist in this matter on May 4, 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

The Complainant Newegg Inc. of City of Industry, California, United States of America is an Internet-based commercial retailer. The Complainant offers more than 10.5 million products on its website. The Complainant has advertised and promoted its family of NEWEGG marks extensively via online and print outlets since 2001 and has made substantial sales of goods and services under these source identifier - in 2010, the Complainant revenue exceeded USD 2.5 billion.

The Complainant is the owner of numerous trademark registrations for the mark NEWEGG around the world. For example: United Stated of America Trademark Registration No. 3383264 – NEWEGG, with the registration date of December 12, 2008; United Stated of America Trademark Registration No. 2892236 – NEWEGG, with the registration date of December 10, 2004; Chinese Trademark Registration No. 6364655 – NEWEGG, with the registration date of June 28, 2010; Chinese Trademark Registration No. 3909870 – NEWEGG, with the registration date of July 7, 2006; International Trademark Registration No. 849889 – NEWEGG (designating China), with the registration date of October 29, 2004; and many more.

Through extensive and prolonged use and advertising around the world, the NEWEGG trademark has generated vast good will.

The Complainant also developed an extensive presence on the Internet and is the owner of numerous domain names, which contain the name “newegg”. For example: [newegg.com], [newegg.cn], [neweggservice.com] and many more.

The disputed domain name [neweggcloud.com] was registered on September 12, 2012.

The disputed domain name currently resolves to an inactive website.

5. Parties’ Contentions

A. Complainant

The Complainant argues that it owns a well-known family of trademarks based...

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