Decisión del Panel Administrativo nº D2018-1834 of WIPO Arbitration and Mediation Center, October 12, 2018 (case Buscemi LLC v. Xinnet Whois Privacy Pro Service / Whois Agent, Whois Privacy Protection Service / Chen WenTing / Lao Yuan Dong / Sun Yanqi)
| Resolution Date | October 12, 2018 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is BUSCEMI LLC of Los Angeles, California, United States of America (“USA”), represented by CSC Digital Brand Services AB, Sweden.
The Respondents are Xinnet Whois Privacy Pro Service of Beijing, China / Whois Agent, Whois Privacy Protection Service of Shanghai, China / Chen WenTing of Fuzhou, Fujian, China / Lao Yuan Dong of Kaiping, Guangdong, China / Sun Yanqi of Hangzhou, Zhejiang, China.
The disputed domain name [buscemi-online.com] is registered with Shanghai Meicheng Technology Information Development Co., Ltd.; the disputed domain name [buscemi-outlet.com] is registered with Xin Net Technology Corp.; the disputed domain name [buscemi-sale.com] is registered with Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) (the “Registrars”).
The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on August 10, 2018. On August 10, 2018, the Center transmitted by email to the Registrars a request for registrar verification in connection with the disputed domain names. On August 13, 2018 and August 14, 2018, the Registrars transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain names which differed from the named Respondents and contact information in the Complaint. The Center sent an email communication to the Complainant on August 22, 2018 providing the registrant and contact information disclosed by the Registrars, and inviting the Complainant to submit an amendment to the Complaint. On the same day, the Center sent an email to the Parties in English and Chinese regarding the language of the proceeding. The Complainant filed an amended Complaint and requested that English be the language of the proceeding on August 28, 2018. The Respondents did not comment on the language of the proceeding by the specified due date.
The Center verified that the Complaint together with the amended 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 Respondents in English and Chinese of the Complaint, and the proceedings commenced on August 31, 2018. In accordance with the Rules, paragraph 5, the due date for Response was September 20, 2018. The Respondents did not submit any response. Accordingly, the Center notified the Respondents’ default on September 21, 2018.
The Center appointed Sok Ling MOI as the sole panelist in this matter on September 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.
The Complainant, founded in 2013, is an USA-based luxury footwear and accessories brand for men, women and children. It sells its products in luxury retailers and speciality boutiques in many countries worldwide. The brand Buscemi shot to fame after a famous rapper mentioned it in one of his songs and a famous celebrity showed off his pair of handcrafted Buscemi sneakers on Instagram. Today, the brand Buscemi has a strong Internet presence through its primary website at “www.buscemi.com” and boasts of an elite clientele.
The Complainant is the proprietor of the following trade mark registrations for BUSCEMI:
| Jurisdiction | Trade Mark | Registration No. | Registration Date | Class |
| International | BUSCEMI | 1196250 | February 25, 2014 | 25 |
| International | BUSCEMI | 1270676 | September 23, 2015 | 18 |
| USA | BUSCEMI | 4565822 | July 8, 2014 | 18 |
| USA | BUSCEMI | 4673927 | January 20, 2015 | 25 |
The disputed domain names [buscemi-online.com], [buscemi-outlet.com] and [buscemi-sale.com] were registered by the Respondents on March 10, 2018, December 16, 2017 and September 24, 2017 respectively. The disputed domain names resolve to websites which reproduced the Complainant’s BUSCEMI mark and logo, and purported to offer for sale the Complainant’s Buscemi footwear and accessory products.
The Complainant claims...
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