Decisión del Panel Administrativo nº D2013-0164 of WIPO Arbitration and Mediation Center, April 05, 2013 (case Camper, S.L. v. Fei Cui Bai, Hu Meng Yu, Hua Bai Rong, Xi Bo, and Lang Fang Bo)
| Resolution Date | April 05, 2013 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
Complainant is Camper, S.L. of Baleares, Spain, represented by Abril Abogados, Spain.
Respondents are Fei Cui Bai, Hu Meng Yu, Hua Bai Rong, Xi Bo, and Lang Fang Bo of China.
The disputed domain names [campershoesmall.com], [campershoesshop.com], [campershoesshops.com], [newcampershoes.com], and [shopcampershoes.com] are registered with Xin Net Technology Corp. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 24, 2013. On January 24 and 25, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On January 25 and 28, 2013, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details. On January 29, 2013, the Center transmitted an email to the parties in both Chinese and English language regarding the language of proceedings. On the same day, Complainant confirmed its request that English be the language of proceeding. Respondent did not comment on the language of proceedings by the specified due date.
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(a) and 4(a), the Center formally notified Respondent of the Complaint, and the proceedings commenced on February 5, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response was February 25, 2013. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on February 26, 2013.
The Center appointed Kimberley Chen Nobles as the sole panelist in this matter on March 12, 2013. 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.
Complainant offers footware and other produces all over the world under the trademark CAMPER, and has done so for decades. Complainant is the registered owner of various word marks and stylized trademarks consisting of the word “camper” in a number of jurisdictions, including countries within Europe (since 1977) and China (since 1993). Complainant also operates a website linked to a domain name having the word “camper” as the entirety of the second level domain.
Respondents Fei Cui Bai, Hu Meng Yu, Hua Bai Rong, Xi Bo, and Lang Fang Bo are based in China. The disputed domain names [shopcampershoes.com], [campershoesmall.com], [campershoesshop.com], [campershoesshops.com], [newcampershoes.com] were registered on August 20, 2012, August 27, 2012, September 29, 2012, November 1, 2012, and November 22, 2012, respectively.
Complainant requests the proceedings be in English because (1), Respondents have used English terms in the disputed domain names, (2) websites linked to the disputed domain names are in English, and (3) Respondents therefore have a demonstrated familiarity with English.
Complainant claims Respondents are closely associated or related, and should be consolidated, because (1) the content in the various active websites linked to the disputed domain names is identical, (2) [campershoesmall.com], [campershoesshop.com], and [campershoesshops.com] all redirect to...
To continue reading
Request your trial