Decisión del Panel Administrativo nº D2018-0287 of WIPO Arbitration and Mediation Center, April 10, 2018 (case Golden Goose S.p.A. v. WhoisGuard Protected, WhoisGuard, Inc. / Wei Zhang)

• Resolution Date: April 10, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Golden Goose S.p.A. v. WhoisGuard Protected, WhoisGuard, Inc. / Wei Zhang

Case No. D2018-0287

1. The Parties

Complainant is Golden Goose S.p.A. of Milan, Italy, represented by Scarpellini Naj-Oleari & Associati, Italy.

Respondent is WhoisGuard Protected, WhoisGuard, Inc. of Panama, Panama / Wei Zhang of Hua, Henan, China.

2. The Domain Names and Registrar

The disputed domain names [ggdbonlineoutlet.com], [goldengooseonlineoutlet.com] and [goldengooseonlineoutlets.com] (the “Disputed Domain Names”) are registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 8, 2018. On February 9, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Names. On February 9, 2018, the Registrar transmitted by email to the Center its verification response 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 Complainant on February 12, 2018 providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on February 15, 2018.

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 Respondent of the Complaint, and the proceedings commenced on February 26, 2018. In accordance with the Rules, paragraph 5, the due date for Response was March 18, 2018. Respondent did not submit any response. Accordingly, the Center notified Respondent of its default on March 19, 2018.

The Center appointed John C. McElwaine as the sole panelist in this matter on March 27, 2018. 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

Complainant, an Italian società per azioni founded in 2000, is a designer and provider of high-end apparel and accessories. Complainant owns registrations for the marks GOLDEN GOOSE, GOLDEN GOOSE DELUXE BRAND, GOLDEN GOOSE DELUX BRAND and GGDB (collectively, the “GOLDEN GOOSE Marks”) in numerous jurisdictions around the world, including but not limited to, registrations in the United States of America (“U.S.”), the European Union, Italy, Switzerland, China, Japan, Singapore, and the Russian Federation. Complainant’s rights in the GOLDEN GOOSE Marks date back to at least as early as December 12, 2005, the date on which Complainant first registered its International trademark GOLDEN GOOSE DELUXE BRAND.

Respondent, a Chinese individual, registered the [goldengooseonlineoutlet.com] and [ggdbonlineoutlet.com] disputed domain names on August 30, 2017 and the [goldengooseonlineoutlets.com] disputed domain name on November 29, 2017.

At the time of filing of the Complaint, Respondent was using the Disputed Domain Names to resolve to websites displaying Complainant’s GOLDEN GOOSE Marks in connection with online stores for GOLDEN GOOSE branded products, which may or may not have been counterfeit products.

Respondent is currently using the [goldengooseonlineoutlet.com] disputed domain name to resolve to a website that appears to copy the lifestyle blog of U.S. Olympic gold-medalist figure skater Tara Lipinski found at “www.essentiallytara.com”. Respondent appears to be currently using the [goldengooseonlineoutlets.com] disputed domain name to resolve to a website titled

“Harvey Nichols – Designer, Fashion, Beauty, Food & Wine” that appears to be an attempt to mirror the Harvey Nichols’ website located at “www.harveynichols.com”. Lastly, Respondent is currently using the [ggdbonlineoutlet.com] disputed domain name to resolve to a website displaying Complainant’s GOLDEN GOOSE Marks in...