Decisión del Panel Administrativo nº DAE2021-0003 of WIPO Arbitration and Mediation Center, March 03, 2021 (case Ferring B.V. v. Zhu Xumei)

• Resolution Date: March 03, 2021
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Emiratos Árabes Unidos (.ae)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Ferring B.V. v. Zhu Xumei

Case No. DAE2021-0003

1. The Parties

The Complainant is Ferring B.V., of Netherlands, represented by Jacobacci Avocats, France.

The Respondent is Zhu Xumei, China.

2. The Domain Name and Registrar

The disputed domain name [ferring.ae] (the “Domain Name”) is registered with AE Domain Administration (.aeDA).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 18, 2021. On January 18, 2021, the Center transmitted by email to AE Domain Administration (.aeDA) a request for registrar verification in connection with the Domain Name. On January 19, 2021, AE Domain Administration (.aeDA) transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint satisfied the formal requirements of the UAE Domain Name Dispute Resolution Policy for – UAE DRP approved by .aeDA (the “Policy”), the Rules for UAE Domain Name Dispute Resolution Policy – UAE DRP (the “Rules”), and the Supplemental Rules for UAE Domain Name Dispute Resolution Policy – UAE DRP (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 January 22, 2021. In accordance with the Rules, paragraph 5(a), the due date for Response was February 11, 2021. The Respondent did not submit any Response. Accordingly, the Center notified the Respondent’s default on February 16, 2021.

The Center appointed Nicholas Smith as panelists in this matter on February 23, 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 company located in the Netherlands, part of the broader Ferring Group, which is a biopharmaceutical group that specialises in areas such as reproductive medicine and women’s health. The Ferring Group markets its products in over 110 countries, including the United Arab Emirates, and had a global turnover of EUR 1.9 billion in 2019.

The Complainant has held trade mark registrations for FERRING (the “FERRING Mark”) since at least 1994, including an International trade mark registration (No. 615597) registered on February 18, 1994 and designating various countries in the European Union. The Complainant holds multiple trade mark registrations in the United Arab...