Decisión del Panel Administrativo nº D2016-1214 of WIPO Arbitration and Mediation Center, August 21, 2016 (case OSRAM GmbH v. Li Yun, Guang Zhou Lian Xiang Qi Che Yong Pin You Xian Gong Si / YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service))

• Resolution Date: August 21, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

OSRAM GmbH v. Li Yun, Guang Zhou Lian Xiang Qi Che Yong Pin You Xian Gong Si / YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service)

Case No. D2016-1214

1. The Parties

The Complainant is OSRAM GmbH of Munich, Germany, represented by Hofstetter, Schurack & Partner, Germany.

The Respondent is Li Yun, Guang Zhou Lian Xiang Qi Che Yong Pin You Xian Gong Si of Guangzhou, Guangdong, China / YinSi BaoHu Yi KaiQi (Hidden by Whois Privacy Protection Service) of Beijing, China, self‑represented.

2. The Domain Names and Registrar

The disputed domain names [bullbatosram.com], [cobraosram.com], [conquerosram.com] and [lcosram.com] are registered with HiChina Zhicheng Technology Ltd. (the “Registrar”).

3. Procedural History

The Complaint in English was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 15, 2016. On June 15, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On June 16, 2016, 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 June 21, 2016 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 amendment to the Complaint on June 22, 2016.

On June 21, 2016, the Center sent an email communication to the parties in both Chinese and English regarding the language of the proceeding. On June 22, 2016, the Complainant confirmed its request that English be the language of the proceeding. On June 27, 2016, the Respondent requested that Chinese be the language of the proceeding.

The Center verified that the Complaint together with the amendment to 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 4, 2016. In accordance with the Rules, paragraph 5, the due date for Response was July 24, 2016. On July 19, 2016, the Center received Respondent’s email communication requesting for the Response template in Chinese. On July 23, 2016, the Respondent sent an email to the Center requesting extension to the Response due date. The Center granted an extension in accordance with paragraph 5(b) of the Rules and the Response due date was extended to July 28, 2016. The Response was filed with the Center on July 28, 2016.

The Center appointed Sok Ling MOI as the sole panelist in this matter on August 4, 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 a company incorporated in Germany with its headquarters in Munich and is one of the world’s leading lighting manufacturing companies. The Complainant belongs to the OSRAM group of companies which was founded in 1919.

The Complainant has operations in over 120 countries and employs more than 30,000 people. For the financial year 2014, the Complainant achieved a revenue in excess of EUR 5 billion.

The Complainant owns numerous trade mark registrations for its company and brand name “Osram” in several countries and jurisdictions around the world, including in China where the Respondent is based. Among which trade mark registrations is International Registration No. 676932 designating, inter alia, China which attained...