Decisión del Panel Administrativo nº DCC2018-0019 of WIPO Arbitration and Mediation Center, February 08, 2019 (case Clifford Chance LLP v. Zhao Xing Ming)

• Resolution Date: February 08, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Islas Cocos (.cc)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Clifford Chance LLP v. Zhao Xing Ming

Case No. DCC2018-0019

1. The Parties

The Complainant is Clifford Chance LLP of London, United Kingdom, internally-represented.

The Respondent is Zhao Xing Ming of Huai An, Jiang Su, China, self-represented.

2. The Domain Name and Registrar

The disputed domain name [cliffordchance.cc] is registered with Alibaba Cloud Computing (Beijing) Co., Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on November 30, 2018. On December 3, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 4, 2018, 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 December 5, 2018 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 December 10, 2018.

On December 5, 2018, the Center sent an email in English and Chinese to the Parties regarding the language of the proceeding. The Complainant requested that English be the language of the proceeding on December 10, 2018. The Respondent requested that Chinese be the language of the proceeding on December 13, 2018.

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 in English and Chinese of the Complaint, and the proceedings commenced on December 13, 2018. In accordance with the Rules, paragraph 5, the due date for Response was January 2, 2019. On December 14, 2018 and December 17, 2018, the Respondent sent two emails in Chinese reiterating that it is not able to understand English.

On December 17, 2018, the Respondent offered to transfer the disputed domain name to the Complainant for free. The Center notified the Parties that if they wish to explore settlement options, the Complainant should submit a request for suspension by December 24, 2018. On December 17, 2018, the Complainant submitted a request for suspension. Therefore, the Center notified the Parties that the proceeding was suspended until January 16, 2019. On January 18, 2019, the Complainant requested to reinstitute the proceeding. The Center notified the Parties that the proceeding was reinstituted and the due date for Response was February 3, 2019. The Respondent did not submit any substantive Response. Accordingly, on February 4, 2019, the Center notified the Parties that it would proceed with panel appointment.

The Center appointed Francine Tan as the sole panelist in this matter on February 7, 2019. 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...