Decisión del Panel Administrativo nº DUA2020-0016 of WIPO Arbitration and Mediation Center, August 20, 2020 (case Bytedance Ltd. v. Дубинин Алексей Сергеевич / Dubinin Alexey)

Resolution DateAugust 20, 2020
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioUcrania (.ua)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Bytedance Ltd. v. Дубинин Алексей Сергеевич / Dubinin Alexey

Case No. DUA2020-0016

1. The Parties

The Complainant is Bytedance Ltd., Cayman Islands, United Kingdom, represented by CSC Digital Brand Services Group AB, Sweden.

The Respondent is Дубинин Алексей Сергеевич / Dubinin Alexey, Ukraine.

2. The Domain Name and Registrar

The disputed domain name [tiktok.com.ua] is registered with Hosting Ukraine LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 4, 2020. On June 4, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 5, 2020, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name, which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on June 16, 2020 providing the registrant and contact information disclosed by the Registrar. The Complainant filed an amended Complaint on June 17, 2020 in this regard.

On June 16, 2020, the Center sent an email communication to the Parties indicating the registration agreement for the disputed domain name is Russian, and inviting the Parties to submit their preference as to the language of the proceeding. On June 17, 2020, the Complainant submitted its request that English be the language of the proceeding.

The Center verified that the Complaint satisfied the formal requirements of the .UA Domain Name Dispute Resolution Policy (the “.UA Policy”) the Rules for .UA Domain Name Dispute Resolution Policy (the “.UA Rules”), and the WIPO Supplemental Rules for .UA Domain Name Dispute Resolution Policy (the “WIPO Supplemental Rules”).

In accordance with the .UA Rules, paragraph 4(c), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 30, 2020. In accordance with the .UA Rules, paragraph 5(a), the due date for Response was July 20, 2020.

The Center appointed Ganna Prokhorova as the sole panelist in this matter on August 6, 2020. 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 .UA Rules, paragraph 7.

4. Factual Background

The Complainant is a Chinese Internet technology company with a legal domicile in the Cayman Islands, United Kingdom. It owns a series of content platforms that enable people to connect with consuming and creating content through machine learning technology, including Toutiao, Douyin, and TikTok.

The Complainant (together with its subsidiary, TikTok Information Technologies UK Limited) owns trademark registrations for TIK TOK in various jurisdictions, i.e. TIK TOK including International Registration No. 1485318 as of March 19, 2019, and inter alia designating Ukraine, for Classes 9, 25, 35, 38, 41, 42, 45, TIK TOK under European Union Registration No. 017913208 as of October 20, 2018 for Classes 9, 25, 35, 42, 45, and TIK TOK under United States of America Registration No. 5653614 as of January 15, 2019 for Classes 9, 38. 41, 42.

The Complainant has engaged in significant advertising and promotion of its TIK TOK trademarks, including on the Internet and other media.

The Respondent registered the disputed domain name on May 17, 2019. At the time of the Decision, the disputed domain name directs to a website offering search engine optimization (SEO) and similar services.

5. Parties’ Contentions

A. Complainant

The Complainant is an Internet technology company that enables users to discover a world of creative content platforms powered by leading technology. It owns a series of content platforms that enable people to connect with consuming and creating content through machine learning technology, including Toutiao, Douyin, and TikTok.

TikTok was launched outside China in May 2017 and became the most downloaded application in the United States in October 2018. TikTok is available in more than 150 different markets, in 75 languages, and has become the leading destination for short-form mobile video. In Google Play, more than 500 million users have downloaded the TikTok app. The app is ranked as “#1 in Entertainment” in the Apple Store and “#3 in Social” in Amazon. The Complainant also has a large Internet presence through its primary website “www.tiktok.com”.

The Complainant and its TIK TOK trademark are known internationally, with trademark registrations across numerous countries. The Complainant has marketed and sold its goods and services using this trademark since 2017, which is well before the Respondent’s registration of the Disputed Domain Name on May 17, 2019.

The Complainant submits that the disputed domain name is identical to the Complainant’s TIK TOK trademark.

The Complainant maintains that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant adds that there is no evidence of the Respondent’s use or preparations to use the disputed domain name for a bona fide offering of goods or services, or that the Respondent is commonly known by the disputed domain name, or that the Respondent has any legitimate noncommercial or fair use of the disputed domain name.

The Complainant alleges that the disputed domain name was registered and/or is being used in bad faith.

The Complainant seeks a decision that the domain name be transferred to the Complainant.

B. Respondent

The Respondent did not reply to the Complainant’s contentions.

6. Discussion and Findings

6.1. Preliminary Issue: Language of the Proceeding

Paragraph 11(a) of the .UA Rules...

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