Decisión del Panel Administrativo nº D2020-2674 of Tribunal Arbitral de la OMPI, February 25, 2021 (case Facebook Inc., Instagram, LLC and WhatsApp Inc. v. Minghua Chen / Chen Minghua)

Resolution DateFebruary 25, 2021
Issuing OrganizationTribunal Arbitral de la OMPI
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Facebook Inc., Instagram, LLC and WhatsApp Inc. v. Minghua Chen / Chen Minghua

Case No. D2020-2674

1. The Parties

The Complainants are Facebook Inc., Instagram, LLC, and WhatsApp Inc., United States of America (“US”), represented by Hogan Lovells (Paris) LLP, France.

The Respondent is Minghua Chen / Chen Minghua, China.

2. The Domain Names and Registrars

The disputed domain name [baixar-whatsapp-plus.com] is registered with KQW, Inc. The disputed domain name [getfacebookcertified.com] is registered with Guangzhou Domains, Inc. The disputed domain name [getoutamyfacebook.com] is registered with Maff Avenue, Inc. The disputed domain names [installwhatsappp.com] and [whatsappgruplari.net] are registered with Fujian Domains, Inc. The disputed domain name [whatsappcom.com] is registered with MAFF Inc. The disputed domain names [yowhatsuppapk.com] and [whatsappfunny.com] are registered with HazelDomains, Inc. The disputed domain names [facebook-movie.com], [happynewyear2019imageswhatsapp.com], [instagrambizgrowth.com], [instagrqam.com], [instag4ram.com], [instag5ram.com], [inwstagram.com], [inxstagram.com], [whatsapmovil.com] are registered with DropCatch.com LLC (the “Registrar(s)”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) in English on October 13, 2020. On October 14, 2020, the Center transmitted by email to the Registrars a request for registrar verification in connection with the disputed domain names. Between October 15, 2020 and November 6, 2020, the Registrars transmitted by email to the Center their verification responses disclosing registrant and contact information for the disputed domain names, which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainants on November 16, 2020 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainants to submit an amendment to the Complaint. The Complainants filed an amended Complaint in English on November 20, 2020.

On November 16, 2020, the Center transmitted an email in English and Chinese to the Parties regarding the language of the proceeding. The Complainants confirmed its request that English be the language of the proceeding on November 16, 2020. The Respondent did not comment on the language of the proceeding.

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 of the Complaint in English and Chinese, and the proceeding commenced on December 8, 2020. In accordance with the Rules, paragraph 5, the due date for Response was December 28, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 6, 2021.

The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on February 8, 2021. 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

A. Complainant

The Complainant Facebook Inc. is a company founded in the US in 2004, and one of the world’s leading providers of online social networking services, under the trade mark FACEBOOK.

The Complainant Instagram, LLC is a wholly-owned subsidiary of the Complainant Facebook Inc., founded in the US in 2010, and the developer and owner of the world’s leading online photo and video sharing social networking application, under the trade mark INSTAGRAM.

The Complainant WhatsApp Inc. is a wholly-owned subsidiary of the Complainant Facebook Inc., founded in the US in 2009, and the operator of one of the world’s most popular communication applications, with over half a billion users worldwide, under the trade mark WHATSAPP.

The Complainants’ [www.facebook.com] and [www.instagram.com] websites are currently ranked 6th and 25th...

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