Decisión del Panel Administrativo nº D2020-1618 of WIPO Arbitration and Mediation Center, September 09, 2020 (case MBIP Nominees Pty Ltd v. Chen Jia Xing)
| Resolution Date | September 09, 2020 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
Complainant is MBIP Nominees Pty Ltd, Australia, represented by Bespoke, Australia.
Respondent is Chen Jia Xing, China.
The disputed domain name [meccaoutlet.com] (the “Domain Name”) is registered with eName Technology Co., Ltd. (the “Registrar”).
The Complaint in English was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 19, 2020. On June 19, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On June 22, 2020, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on June 25, 2020 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 in English on July 6, 2020.
On June 25, 2020, the Center transmitted an email communication to the Parties in English and Chinese regarding the language of the proceeding. On June 30, 2020, Complainant confirmed its request that English be the language of the proceeding. 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 Respondent in English and Chinese of the Complaint, and the proceedings commenced on July 16, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 5, 2020. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on August 10, 2020.
The Center appointed Kimberley Chen Nobles as the sole panelist in this matter on August 28, 2020. 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.
Complainant is an Australian company and part of the Mecca group of companies, a retailer of local and international beauty, skincare and cosmetic services and products since 1997. It is the owner of trademarks for the name and logos for MECCA in jurisdictions worldwide (the “Trademark”) including Australia, Canada, China, European Union, Hong Kong, China, Indonesia, Japan, Malaysia, New Zealand, Singapore, South Africa, Republic of Korea, United Kingdom and United States of America (the “Mecca Marks”). An example of their trademarks includes Australian registered trademark no. 1655735, registered on October 31, 2014.
Complainant also owns and operates a number of domain names with the MECCA trademark, including: [mecca.com], [mecca.com.au], and [meccabeauty.co.nz] which are used for their retail outlets and online branding, advertising, marketing, and sales.
The Domain Name was registered on January 14, 2019 by Respondent who is based in China. It resolves to a website available in English language (the “Website”), which bears Complainant’s MECCA trademark, and features products, layouts and designs that are either identical or similar to those listed and used by Complainant in Complainant’s online operations and on Complainant’s website.
Complainant contends that (i) the Domain Name is confusingly similar to...
To continue reading
Request your trial