Decisión del Panel Administrativo nº D2012-1852 of WIPO Arbitration and Mediation Center, December 18, 2012 (case AB Electrolux v. Nguyen van su Ong)

Resolution DateDecember 18, 2012
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

AB Electrolux v. Nguyen van su Ong

Case No. D2012-1852

1. The Parties

The Complainant is AB Electrolux of Stockholm, Sweden, represented by Melbourne IT Digital Brand Services, Sweden.

The Respondent is Nguyen van su Ong of Viet Nam.

2. The Domain Name and Registrar

The disputed domain name [chuyensuachuamaygiatelectrolux.com] is registered with LiquidNet Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the ”Center”) on September 17, 2012. On September 17, 2012, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 18, 2012, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and disclosing registrant and contact information for the disputed domain name.

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 the Respondent of the Complaint, and the proceedings commenced on September 21, 2012. In accordance with the Rules, paragraph 5(a), the due date for Response was October 11, 2012. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 12, 2012.

The Center appointed Timothy D. Casey as the sole panelist in this matter on November 8, 2012. 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. On November 21, 2012, the Panel extended the decision due date to November 29, 2012. On December 10, 2012, the Panel issued Order No. 1, in both English and Vietnamese, giving Respondent a further opportunity to submit a response to the Complaint and to provide an explanation as to why Respondent believes it has any rights or legitimate interests to use the disputed domain name, which includes the ELECTROLUX trademark, to offer repair services for ELECTROLUX products and other companies’ products. Respondent was given until December 17, 2012 to respond. Respondent did not reply to the Panel’s Order No. 1.

4. Factual Background

The Domain Name was registered by Respondent on March 20, 2012. Complainant has numerous registered trademarks in many countries (see, Annex 6 to the Complaint), including in Viet Nam where Respondent resides, prior to registration of the Domain Name. In addition, Complainant was founded in 1901 and registered as a Swedish company in 1919 as AB Electrolux.

5. Parties’ Contentions

A. Complainant

Complainant contends it is a global leader in home appliances and appliances for professional use, selling more than 40 million products, including refrigerators, dishwashers and washing machines, to customers in 150 countries every year. Complainant had sales of SEK 109 billion and 55,150 employees in 2010 and has used the Trademark ELECTROLUX extensively in more than 150 countries on its products and services for many years, allegedly acquiring the status of a well-known trademark in the areas of appliances and equipment for kitchen, cleaning and outdoor products. Complainant also has almost 700 gTLDs and ccTLDs worldwide. Although Annex 6 includes a long list of apparent word marks for the Trademark ELECTROLUX, Complainant contends that ELECTROLUX is also registered as a figure or logo mark, and that such registrations also predate Respondent’s registration of the Domain Name.

Complainant contends that the dominant part of the Domain Name [chuyensuachuamaygiatelectrolux.com] comprises the word “Electrolux”, which is identical to the Trademark, and that the Domain Name is confusingly similar to the Trademark. Complainant relies at least upon a prior UDRP decision to support the position that the Trademark is famous. Complainant also contends, on the one hand, that the prefix “chuyensuachuamaygiate” is not relevant and has no impact on the overall impression on the dominant part of the Domain Name, while, on the other hand, stating that the prefix means “washing machine repair” in Vietnamese. Complainant contends that the combination of the prefix with the Trademark strengthens the impression that the Domain Name belongs to, or is affiliated with Complainant. Complainant contends that the long length of the Domain Name does not detract from the potential for affiliation between the two parties. Complainant likewise contends that the top-level domain has no impact on the overall impression of the dominant portion of the Domain Name and is therefore irrelevant. In summary, Complainant contends that “anyone who sees the Domain Name is bound to mistake it for a name related to the Complainant,” which leads to the exploitation of the goodwill and image of the Trademark, and which may result in dilution and other damages to the Trademark.

Complainant contends that Respondent has not registered the Domain Name as a trademark and is not licensed or otherwise authorized by Complainant to use the Trademark, and the lack of such license or authorization may be evidence of no actual or contemplated bona fide or legitimate use of the Domain Name. Complainant contends that Respondent’s mere registration does not give rise to any right or legitimate interest in the Domain Name and has found no evidence to suggest that Respondent has been using the Trademark in any other way that would give Respondent any legitimate right in the name, such as a common usage.

Complainant notes that the Domain Name is connected to the homepage of a repair center called “TRUNG

TÂM BẢO HÀNH SỬA CHỮA MÁY GIẶT ELECTROLUX TẠI HÀ NỘI.” Complainant provides no translation of this name, but according to Google Translate, the name roughly translates to “MIDDLE CENTER OF WARRANTY REPAIR WASHING MACHINE ELECTROLUX IN HANOI”. Complainant states that the use of this name shows that Respondent intentionally chose a domain name based on a registered trademark which...

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