Decisión del Panel Administrativo nº D2016-1010 of WIPO Arbitration and Mediation Center, July 20, 2016 (case Statoil ASA v. 林嘉威 (Lin Jiawei))

Resolution DateJuly 20, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Statoil ASA v. 林嘉威 (Lin Jiawei)

Case No. D2016-1010

1. The Parties

The Complainant is Statoil ASA of Stavanger, Norway, represented by Valea AB, Sweden.

The Respondent is 林嘉威 (Lin Jiawei) of Zhanjiang, Guangdong, China.

2. The Domain Name and Registrar

The disputed domain name [statoil.xin] is registered with Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 19, 2016. On May 19, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 23, 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 May 24, 2016, the Center sent an email communication to the parties in both Chinese and English regarding the language of the proceeding. On May 24, 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 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”).

On June 2, 2016 the Respondent informed the Center by email in Chinese that he was consulting on a detailed solution and proposal for this dispute. The Center copied this communication to the Complainant on the same day.

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 8, 2016.

On June 14, 2016 the Respondent sent another email to the Center, in Chinese and English, indicating that the way to resolve the Complaint was through compensation. On the same day, the Center copied this communication to the Complainant and the Complainant replied, stating that it had no interest in a settlement and forwarding an email that it had received from the Respondent dated June 13, 2016, in Chinese and English, described in Section 5 below. On June 14, 2016, the Center acknowledged receipt of this Supplemental Filing and copied it to the Respondent.

In accordance with the Rules, paragraph 5, the due date for Response was June 28, 2016. The Respondent did not submit any formal Response. Accordingly, the Center notified the Parties that it would proceed to Panel appointment on June 29, 2016.

The Center appointed Matthew Kennedy as the sole panelist in this matter on July 7, 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 that provides energy products and services. It has operations in many countries, including China. The Complainant owns multiple registrations of the trademark STATOIL, including International registration no. 730092, registered on March 7, 2000 and designating several jurisdictions, including China. This trademark registration is active and specifies goods and services in multiple classes. The Complainant has also registered multiple domain names, including [statoil.com] which resolves to its official website.

The Respondent is an individual who registered the disputed domain name on March 15, 2016. The disputed domain name does...

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