Decisión del Panel Administrativo nº D2018-1051 of WIPO Arbitration and Mediation Center, July 18, 2018 (case Accor S.A. v. Wenbin Kou)

• Resolution Date: July 18, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Accor S.A. v. Wenbin Kou

Case No. D2018-1051

1. The Parties

The Complainant is Accor S.A. of Issy-Les-Moulineaux, France, represented by Dreyfus & associés, France.

The Respondent is Wenbin Kou of Tianshui, Gansu, China.

2. The Domain Name and Registrar

The disputed domain name [ziyue-pullman.com] is registered with NameSilo, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 14, 2018. On May 14, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 14, 2018, 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.

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 May 25, 2018. In accordance with the Rules, paragraph 5, the due date for Response was June 14, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent of its default on June 15, 2018.

The Center appointed Joseph Simone as the sole panelist in this matter on June 26, 2018. 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

Accor S.A. (Accor) is a French multinational hotel group, with expertise in economic and mid-scale hotels as well as upscale and luxury hospitality services. Accor operates more than 4,000 hotels in 100 countries worldwide including notable hotel chains such as PULLMAN, RAFFLES, SOFITEL, ONEFINESTAY, FAIRMONT, MGALLERY, SWISSOTEL, GRAND MERCURE, NOVOTEL, MAMA SHELTER, MERCURE and IBIS. Accor has 121 PULLMAN hotels worldwide which organize more than 30,000 events each year. Accor is also present in China with 239 hotels including 32 PULLMAN hotels. Pullman Qingdao Ziyue Hotel is a 5-star luxury hotel in Chengyang district, Qingdao, China.

The Complainant owns, among many others, the following trademark registrations:

- Chinese trademark PULLMAN No 4734292, filed on June 21, 2005, registered on February 7, 2009 and covering services in class 43;

- Chinese trademark PULLMAN No 4873437, filed on September 2, 2005, registered on May 7, 2009 and covering services in class 43;

- International trademark PULLMAN No. 1197984 registered on November 28, 2013, covering services in class 43;

- International trademark PULLMAN HOTELS AND RESORTS No. 1188855 registered on October 10, 2013, designating multiple jurisdictions, including China and covering services in class 43.

In addition, the Complainant operates, among others, the following domain name incorporating its trademark:

- [pullmanhotels.com] registered on March 21, 1999.

The disputed domain name [ziyue-pullman.com] was registered on August 12, 2017. It redirects to a gambling website. Prior to commencing this proceeding, the Complainant attempted to resolve the matter amicably as follows:

On August 29, 2017, the Complainant sent a cease-and-desist letter to the Respondent via registered letter and email on the basis of its trademark rights concerning the disputed domain name [ziyue-pullman.com]. The cease-and-desist letter requested the Respondent to transfer the disputed domain name to the Complainant free of charge. The Respondent never replied to the Complainant’s cease-and-desist letter despite several reminders. On August 29, 2017, the Complainant sent another cease-and-desist letter via email to the registrar and the Hosting service provider to obtain the deactivation of the website [ziyue-pullman.com]. However, no response was obtained despite several...