Decisión del Panel Administrativo nº D2016-1689 of WIPO Arbitration and Mediation Center, October 13, 2016 (case Volkswagen AG v. Bao Wei, Wei Bao)

• Resolution Date: October 13, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Cancellation
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Volkswagen AG v. Bao Wei, Wei Bao

Case No. D2016-1689

1. The Parties

The Complainant is Volkswagen AG of Wolfsburg, Germany, represented by Drzewiecki, Tomaszek & Wspólnicy Spólka Komandytowa, Poland.

The Respondent is Bao Wei / Wei Bao of Shanghai, China.

2. The Domain Name and Registrar

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

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on August 19, 2016. On August 19, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 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 August 24, 2016, the Center sent an email communication to the Parties in both Chinese and English regarding the language of the proceeding. On August 25, 2016, the Complainant requested that English be the language of the proceeding. On August 31, 2016, the Respondent requested that Chinese be 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 in both Chinese and English of the Complaint, and the proceeding commenced on September 1, 2016. In accordance with the Rules, paragraph 5, the due date for Response was September 21, 2016. Except for the Respondent’s email of August 31, 2016, regarding the language of the proceeding, no communications were received from the Respondent. On September 22, 2016, the Center informed the Parties that it would proceed with panel appointment.

The Center appointed Jonathan Agmon as the sole panelist in this matter on October 3, 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 was founded in May 1937 and is one of the leading automobile manufacturers in the world. The Complainant’s group claims to have delivered a 12.9 percent share of the world’s passenger cars in 2014. The Complainant’s group comprises 12 brands from seven European countries: Volkswagen Passenger Cars, Audi, Seat, Skoda, Bentley, Bugatti, Lamborghini, Porsche, Ducati, Volkswagen Commercial Vehicles, Scania and Man.

The Complainant owns registrations for the VOLKSWAGEN mark. The VOLKSWAGEN trademark registrations owned by the Complainant cover a range of goods and services in 45 trademark classes. Among others, the Complainant owns the following trademark registrations: VOLKSWAGEN – International Registration number 702679 registered on July 2, 1998, designating inter alia China; and VOLKSWAGEN –...