Decisión del Panel Administrativo nº D2017-0285 of WIPO Arbitration and Mediation Center, April 05, 2017 (case Dirk Rossmann GmbH v. Hu Qi Hui / Ning Bo Luo Si Man Xin Xi Ke Ji You Xian Gong Si)

• Resolution Date: April 05, 2017
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Dirk Rossmann GmbH v. Hu Qi Hui / Ning Bo Luo Si Man Xin Xi Ke Ji You Xian Gong Si

Case No. D2017-0285

1. The Parties

The Complainant is Dirk Rossmann GmbH of Burgwedel, Germany, represented by Michael Horak of Germany.

The Respondent is Hu Qi Hui, Ning Bo Luo Si Man Xin Xi Ke Ji You Xian Gong Si of Ningbo, Zhejiang, China.

2. The Domain Name and Registrar

The disputed domain name [rossmanncn.com] is registered with Foshan YiDong Network Co. Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on February 14, 2017. On the same day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 16, 2017, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. On February 20, 2017, the Center transmitted 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 February 24, 2017 and submitted evidence in support. The Respondent did not comment on the language of the proceeding.

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 in English and Chinese of the Complaint, and the proceedings commenced on March 2, 2017. In accordance with the Rules, paragraph 5, the due date for Response was March 22, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 23, 2017.

The Center appointed Matthew Kennedy as the sole panelist in this matter on March 28, 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.

4. Factual Background

The Complainant is a German drug-store chain. The Complainant is the owner of multiple trademark registrations, including International trademark registration number 746785 for ROSSMANN and logo, International trademark registration number 746786 for its centaur logo, both registered from June 27, 2000, both designating multiple jurisdictions including China, and both specifying goods and services in a wide range of classes; and also including International trademark number 1165338 for ROSSMANN, registered from October 31, 2012, designating multiple jurisdictions including China, and specifying services in multiple classes. Those registrations remain in effect. The Complainant’s official website, which is in German, is an online store selling consumer goods including beauty, baby, household, animal, health and food as well as branded products. The upper left hand corner of the official website displays the Complainant’s trademark ROSSMANN and centaur logo in red. In 2016, the Complainant registered its ROSSMANN and centaur logo, and its centaur logo in red, as artistic works with the Chinese National...