Decisión del Panel Administrativo nº D2021-2759 of WIPO Arbitration and Mediation Center, October 15, 2021 (case Hawaii Furnishing Pte. Ltd. v. Jinsoo Yoon)
| Resolution Date | October 15, 2021 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Hawaii Furnishing Pte. Ltd., Singapore, represented by Margaret Law Corporation, Singapore.
The Respondent is Jinsoo Yoon, United States of America.[1]
The disputed domain name [scanteak.com] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 20, 2021. On August 24, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 24, 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 August 25, 2021 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 on August 27, 2021.
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, and the proceedings commenced on August 27, 2021. In accordance with the Rules, paragraph 5, the due date for Response was September 16, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 23, 2021.
The Center appointed Antony Gold as the sole panelist in this matter on October 1, 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.
The Complainant is a company, incorporated in Singapore in 1982, which is a manufacturer and retailer of furniture. In 1988, it developed its own brand of teak furniture which it branded as SCANTEAK. The “scan” component of this name related to the Scandinavian-inspired design of the Complainant’s products and “teak” to the type of wood from which they were made. Its SCANTEAK-branded products are now sold in many countries worldwide.
The Complainant has secured trade mark registrations for SCANTEAK in multiple jurisdictions. These include, by way of example only, Singapore trade mark for SCANTEAK (logo), in class 20, registration number T1013199D, registered on November 12, 1994. The Complainant also owns many domain names which comprise or include its SCANTEAK mark, including [scanteak.net], [scanteak.biz], and [scanteakfurniture.com].
The Complainant was previously the registrant of the disputed domain name but failed to renew its registration in April 2021, due to an oversight. The disputed domain name was registered by the Respondent on April 21, 2021 and now resolves to a directory page containing pay-per-click (“PPC”) links such as “Teak Wood...
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