Decisión del Panel Administrativo nº D2017-1762 of WIPO Arbitration and Mediation Center, November 28, 2017 (case Compagnie GERVAIS DANONE v. Lim Sang Woon)
| Resolution Date | November 28, 2017 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Compagnie GERVAIS DANONE of Paris, France, represented by Dreyfus & associés, France.
The Respondent is Lim Sang Woon of Seoul, Republic of Korea, self-represented.
The disputed domain name [danonewhitewave.com] is registered with Gabia, Inc. (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on September 13, 2017. On September 13, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 14, 2017, the Registrar transmitted by email to the Center its verification response indicating that the language of the registration agreement is Korean, confirming that the Respondent is listed as the registrant, and providing the Respondent's contact details.
On September 18, 2017, the Center notified the Parties in both English and Korean that the language of the registration agreement for the disputed domain is Korean. On September 20, 2017, the Respondent requested for Korean to be the language of the proceeding and submitted an email inquiring how to settle with the Complainant. Accordingly, the Center informed the Parties on the same day that if the Parties wished to explore settlement options, the Complainant should submit a request for suspension by September 27, 2017.
On September 20, 2017, the Complainant filed an amended Complaint and requested for English to be the language of the proceeding but did not request a suspension to explore settlement options.
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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on October 3, 2017. In accordance with the Rules, paragraph 5, the due date for Response was October 23, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on October 25, 2017.
The Center appointed Ho-Hyun Nahm as the sole panelist in this matter on November 16, 2017. 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.
The Complainant and its trademarks DANONE enjoy a worldwide reputation as a global leader in dairy products and number two in bottled water and baby food products. The Complainant is notably the owner of the following trademark registrations:
- International Trademark DANONE No. 172526 registered on October 31, 1953, duly renewed and covering goods and services in classes 1, 5, and 29; and
- In addition, the Complainant operates, among others, domain names reflecting its trademarks: [danone.com] registered on December 14, 1995; and
- The disputed domain name was registered on July 7, 2016.
Danone Company is a global leader in dairy products and number two in bottled water and baby food products. Danone Company started to commercialize its products in France, it quickly became a world leading company. By the early 1990s, while seeking growth drivers further afield, Eastern Europe, Asia, and Latin America markets were targeted, and its first major Asian acquisition came in 1991 with Hong Kong based Amoy, a specialist in soy sauces and frozen foods. Currently, Danone Company is still reinforcing its positioning as a global leader in the consumer goods industry, with a growing emphasis on health and nutrition. Compagnie Gervais Danone is a company incorporated under the French law and a subsidiary of the French company Danone whose headquarters are located 17 boulevard Haussmann 75009 in Paris, France. Compagnie Gervais Danone is the legal owner of all rights, titles and interests on the well-known trademark DANONE, which has been registered worldwide. Compagnie Gervais Danone's main brand DANONE originated around 1919 in Barcelona, Spain, when it was launched for yogurts. At that time, DANONE was the result of the collaboration between Isaac Carasso and Elie Metchikof, the director of the Pasteur Institute. The Complainant's trademark DANONE has been using on labeling, packaging and promotional literature for its products and has been prominently displaying in supermarkets and grocery stores in various regions around the world. In fact, Danone is operating in more than 130 countries across the five continents. It does represent a rich array of geographical specificities, cultures, communities and lifestyles to understand in order to create, tailor the best offer as possible.
In Korea, there is also a substantive presence of Danone and its product Activia, the world's best-selling yogurt brand, is already the second best-selling drinking yogurt in local Korean hypermarkets. Until 2013, the subsidiary company of Danone in Korea was known as Danone Korea Ltd. In 2013, a press release stated that Danone joined hands with Korean fresh food maker Pulmuone. The company is now known as Pulmuone Danone Co., Ltd. Moreover, on July 6,, 2016, Danone acquired WhiteWave, a United States company specialized in food and beverages. This alliance brought together two leaders in food and beverages, with complementary portfolios in some of the fastest-growing, health-focused categories. In addition to dairy, waters, early life nutrition, and medical nutrition, the combined offer now includes premium organic and fresh foods, non-GMO, plant-based products and coffee creamers. Danone and WhiteWave now combine their activities in North America to operate as a Strategic Business Unit, named "DanoneWave". As a result, as...
To continue reading
Request your trial