Decisión del Panel Administrativo nº D2021-2115 of WIPO Arbitration and Mediation Center, September 20, 2021 (case Fendi Srl v. Ren Fu Rong(任芙蓉))

Resolution DateSeptember 20, 2021
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Fendi Srl v. Ren Fu Rong(任芙蓉)

Case No. D2021-2115

1. The Parties

The Complainant is Fendi Srl, Italy, represented by Dreyfus & associés, France.

The Respondent is Ren Fu Rong(任芙蓉), China.

2. The Domain Name and Registrar

The disputed domain name [fendybags.com] is registered with Shanghai Meicheng Technology Information Development Co., Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on July 2, 2021. 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 July 9, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on the same day providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint in English on July 12, 2021.

On July 9, 2021, the Center transmitted an email communication to the Parties in English and Chinese regarding the language of the proceeding. On July 12, 2021, the Complainant confirmed its request that English be the language of the proceeding. The Respondent did not explicitly comment on the language of the proceeding. However, the Respondent sent an email communication in Chinese to the Center on July 9, 2021, indicating “Sorry, I don’t’ understand. What is the Complaint?”

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 in English and Chinese of the Complaint, and the proceedings commenced on July 15, 2021. In accordance with the Rules, paragraph 5, the due date for Response was August 4, 2021. The Respondent did not submit any formal response. On August 30, 2021, the Center informed the Parties that it would proceed to panel appointment.

The Center appointed Matthew Kennedy as the sole panelist in this matter on September 7, 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

The Complainant is an Italian fashion house that specializes in high fashion clothing, accessories, and furniture. It is named after its founders Adele and Edoardo Fendi. The Complainant holds multiple trademark registrations for a FENDI and device mark, including Chinese trademark registration number 262675, registered on September 20, 1986, specifying goods in class 25; Chinese trademark registration number 261724, registered on September 10, 1986, specifying goods in class 25; and International trademark registration number 561438, registered on November 19, 1990, designating China and specifying goods in classes 14, 18 and 25. The Complainant also holds International trademark registration number 1130243 for FENDI, registered on June 6, 2012, designating multiple jurisdictions including China and specifying other goods and services in classes 3, 9...

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