Decisión del Panel Administrativo nº D2016-2298 of WIPO Arbitration and Mediation Center, January 12, 2017 (case Virgin Enterprises Limited v. Reap Usd)

Resolution DateJanuary 12, 2017
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Virgin Enterprises Limited v. Reap Usd

Case No. D2016-2298

1. The Parties

The Complainant is Virgin Enterprises Limited of London, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”), represented by Stobbs IP Limited, United Kingdom.

The Respondent is Reap Usd of Beijing, China.

2. The Domain Name and Registrar

The disputed domain name [virgin-atlantic.xyz] is registered with Chengdu West Dimension Digital Technology Co., Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 11, 2016. The same day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 14, 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 November 21, 2016, the Center sent an email communication to the parties in both Chinese and English regarding the language of the proceeding. On November 28, 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”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 1, 2016. In accordance with the Rules, paragraph 5, the due date for Response was December 21, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 22, 2016.

The Center appointed Matthew Kennedy as the sole panelist in this matter on January 5, 2017. 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 the brand owner for the Virgin Group of companies. “Virgin Atlantic” is the trade name of a British airline company in that corporate group. The Complainant is the owner of multiple registrations of the trademark VIRGIN ATLANTIC in different jurisdictions including United Kingdom registration number 1287264, registered on June 28, 1991 and still current. The Complainant has also registered a large number of domain names, including [virginatlantic.com], registered in 1998, where it provides its services.

The Respondent is an organization located in China. The disputed domain name was registered on November 18, 2015. Due to the fact that the Respondent’s contact address in the Registrar’s WhoIs database is incomplete, the courier was unable to deliver the hard copy of the Written Notice to it.

The disputed domain name is parked at a landing page in English...

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