Decisión del Panel Administrativo nº DCN2019-0010 of Tribunal Arbitral de la OMPI, November 29, 2019 (case Laure de Sagazan v. 刘岩)
|Resolution Date:||November 29, 2019|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
|Dominio:||República Popular China (.cn)|
The Complainant is Laure de Sagazan, France, represented by IP Twins S.A.S., France.
The Respondent is 刘岩, China, having no authorized representative.
The disputed domain name [lauredesagazan.cn] is registered with 浙江贰贰网络有限公司 (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 7, 2019. On October 7, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 10, 2019, the Registrar 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 China ccTLD Dispute Resolution Policy (the “Policy”), the China ccTLD Dispute Resolution Policy Rules (the “Rules”), and the WIPO Supplemental Rules for China ccTLD Dispute Resolution Policy and China ccTLD Dispute Resolution Policy Rules (the “WIPO Supplemental Rules”).
In accordance with the Rules, Articles 5 and 6, and Articles 14 to 16, and the WIPO Supplemental Rules, Paragraph 4(d), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on October 16, 2019. In accordance with the Rules, Articles 17 and 49, the due date for Response was November 5, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 6, 2019.
The Center appointed Dr. Hong Xue as the sole panelist in this matter on November 18, 2019. 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, Article 29.
The Complainant, a French individual, founded her company in 2011 and provides tailor-made dresses, other clothing items and accessories. The Complainant registered the mark LAURE DE SAGAZAN in France on October 24, 2014 and acquired the trademark registration (No. 1247084) in China on March 23, 2015 through the Madrid System.
According to the Registrar’s verification response, the disputed domain name [lauredesagazan.cn] was...
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