Decisión del Panel Administrativo nº D2020-3039 of WIPO Arbitration and Mediation Center, February 16, 2021 (case GS1 AISBL v. ding jian long, kun shan shi lian yin tong bao zhuang cai liao you xian gong si (丁建龙, 昆山市联印通包装材料有限公司))

• Resolution Date: February 16, 2021
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

GS1 AISBL v. ding jian long, kun shan shi lian yin tong bao zhuang cai liao you xian gong si (丁建龙, 昆山市联印通包装材料有限公司)

Case No. D2020-3039

1. The Parties

The Complainant is GS1 AISBL, Belgium, represented by Osborne Clarke scrl, Belgium.

The Respondent is ding jian long, kun shan shi lian yin tong bao zhuang cai liao you xian gong si (丁建龙, 昆山市联印通包装材料有限公司), China, self-represented.

2. The Domain Name and Registrar

The disputed domain name [gs1.shop] is registered with Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn) (the “Registrar”).

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on November 13, 2020. On November 16, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 17, 2020, 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 November 17, 2020 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 November 20, 2020.

On November 17, 2020, the Center sent a communication to the Parties, in English and Chinese, regarding the language of the proceeding. On November 19, 2020, the Complainant confirmed its request that English be the language of the proceeding. On November 20 and 21, 2020, the Respondent commented on the language of the proceeding. On November 17, 2020, the Center received the Respondent’s enquiry email in English. On November 20, 2020, the Center sent an email regarding possible settlement to the Parties. The Complainant did not request for a suspension.

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 December 2, 2020. In accordance with the Rules, paragraph 5, the due date for Response was December 22, 2020. On December 3, 2020, the Respondent commented on the language of the proceeding and requested Chinese be the language of the proceeding. The Response was filed in Chinese with the Center on December 20, 2020. On January 8, 2021, the Center received the Complainant’s supplemental filing in English.

The Center appointed Deanna Wong Wai Man as the sole panelist in this matter on January 26, 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.

On February 1, 2021, the Panel issued a procedural order, inviting the Respondent to comment solely on the Complainant’s unsolicited supplemental filing of January 8, 2021, and to submit such comments to the Center by February 7, 2021. The Respondent did not submit any comments.

4. Factual Background

The Complainant is a non-profit organization that develops and maintains supply chain standards for use in business transactions, particularly including barcodes. The Complainant is headquartered in Brussels, Belgium and is active globally through a network of offices in over 110 countries and has more than 2 million members.

The Complainant owns a portfolio of trademark registrations for the mark GS1, for instance international trademark registration 850909 for the word mark GS1, registered on April 26, 2005 and designating, amongst other jurisdictions, China and Singapore, and international trademark registration 850908 for the GS1 logo, registered on April 26, 2005 and designating, amongst other jurisdictions, China and Singapore. The Complainant also owns a portfolio of official domain names, such as [gs1.com] which was registered on June 11, 2001 and [gs1.org] which was registered on May 31, 2003. The relevant registered trademarks adduced by the Complainant were...