Decisión del Panel Administrativo nº D2021-0839 of WIPO Arbitration and Mediation Center, May 10, 2021 (case Bytedance Ltd. v. Dori BIK)

• Resolution Date: May 10, 2021
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Bytedance Ltd. v. Dori BIK

Case No. D2021-0839

1. The Parties

The Complainant is Bytedance Ltd., Cayman Islands, represented by Herzog, Fox & Neeman, Israel.

The Respondent is Dori BIK, Israel, self-represented.

2. The Domain Name and Registrar

The disputed domain name [contact-tiktok.com] (the “Disputed Domain Name”) is registered with CloudFlare, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 22, 2021. On March 22, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On March 22, 2021, 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 March 23, 2021, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on March 25, 2021.

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 Respondent of the Complaint, and the proceedings commenced on March 30, 2021. In accordance with the Rules, paragraph 5, the due date for Response was April 23, 2021. The Response was filed with the Center on April 23, 2021.

The Center appointed Lynda M. Braun as the sole panelist in this matter on April 29, 2021. 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, together with its subsidiary, TikTok Information Technologies UK Limited, own and operate a global social media platform that was launched in May 2017. The Complainant has consistently used this platform at least since 2017 in conjunction with a wide range of services, including advertisement services, downloadable software, clothing, and other entertainment-related services such as provision of non-downloadable music videos over communications networks. The Complainant’s platform is well-known, particularly in the social media industry and is available in more than 150 different markets and in 75 languages.

Among others, the Complainant owns the following trademark registrations:

- TIKTOK, United States Trademark Registration No. 5,653,614, registered on January 15, 2019, in international classes 9, 38, 41, and 42;

- TIKTOK, United States Trademark Registration No. 5,974,902, registered on February 4, 2020, in international classes 9, 38, 41, and 42;

- TIKTOK, United States Trademark Registration No. 5,981,212, registered on February 11, 2020, in international classes 9, 38, 41, and 42;

- TIKTOK, European Union Trademark Registration No. 017913208, registered on October 20, 2018, in international classes 9, 25, 35, 42, and 45; and

- TIKTOK, International Trademark Registration No. 1485318, registered on March 19, 2019 in international...