Decisión del Panel Administrativo nº DAU2017-0038 of WIPO Arbitration and Mediation Center, January 17, 2018 (case Compagnie Générale des Etablissements Michelin v. Mohan Lal)

• Resolution Date: January 17, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Australia (.au)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Compagnie Générale des Etablissements Michelin v. Mohan Lal

Case No. DAU2017-0038

1. The Parties

The Complainant is Compagnie Générale des Etablissements Michelin of Clermont-Ferrand, France, represented by Dreyfus & associés, France.

The Respondent is Mohan Lal of Hampton Park, Australia.

2. The Domain Name and Registrar

The disputed domain name [michelin.net.au] (the “Domain Name”) is registered with Web Address Registration Pty Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 5, 2017. On December 5, 2017, the Center transmitted by email to Web Address Registration Pty Ltd a request for registrar verification in connection with the Domain Name. On December 15, 2017, Web Address Registration Pty Ltd transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details and the date of registration of the Domain Name.

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

In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 19, 2017. In accordance with the Rules, paragraph 5(a), the due date for Response was January 8, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 9, 2018.

The Center appointed Alan L. Limbury as the sole panelist in this matter on January 11, 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.

4. Factual Background

With a history dating back to 1889, the Complainant manufactures and sells vehicle tyres around the world, including, since the 1940s, in Australia, where it is the proprietor of registered trademark MICHELIN, No. 258104, registered from May 1, 1972 in Class 12 for pneumatic tyres for vehicle wheels and inner tubes for pneumatic tyres. The...