Decisión del Panel Administrativo nº D2017-2244 of WIPO Arbitration and Mediation Center, January 18, 2018 (case Herbalife International Inc. v. Nexperian Holding Limited / Zhang Gui Mei)

Resolution DateJanuary 18, 2018
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Herbalife International Inc. v. Nexperian Holding Limited / Zhang Gui Mei

Case No. D2017-2244

1. The Parties

The Complainant is Herbalife International Inc. of Los Angeles, California, United States of America (“United States”), represented by Manatt, Phelps & Phillips, LLP, United States.

The Respondent is Nexperian Holding Limited of Hangzhou, Zhejiang, China / Zhang Gui Mei of Nantong, Jiangsu, China.

2. The Domain Name and Registrar

The disputed domain name [china-herbalife.com] is registered with HiChina Zhicheng Technology Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 14, 2017. On November 14, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 15, 2017, 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 21, 2017 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amended Complaint. The Complainant filed an amended Complaint on November 23, 2017.

On November 21, 2017, the Center sent an email communication to the parties in both Chinese and English regarding the language of the proceeding. On November 23, 2017, the Complainant confirmed its request that English be the language of the proceeding. The Respondent did not comment on the language of the proceeding.

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 proceeding commenced on November 28, 2017. In accordance with the Rules, paragraph 5, the due date for Response was December 18, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 19, 2017.

The Center appointed...

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