Decisión del Panel Administrativo nº D2017-2147 of WIPO Arbitration and Mediation Center, January 12, 2018 (case Moog Inc. v. You Tao, Su Zhou Fisher Pirter Automation Equipment Co., Ltd)

• Resolution Date: January 12, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Moog Inc. v. You Tao, Su Zhou Fisher Pirter Automation Equipment Co., Ltd

Case No. D2017-2147

1. The Parties

The Complainant is Moog Inc. of East Aurora, New York, United States of America (“United States”), represented by CSC Digital Brand Services AB, Sweden.

The Respondent is You Tao, Su Zhou Fisher Pirter Automation Equipment Co., Ltd of Suzhou, Jiangsu, China.

2. The Domain Name and Registrar

The disputed domain name [moog-china.net] is registered with Chengdu West Dimension Digital Technology Co., Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 2, 2017. On November 3, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 6, 2017, 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.

On November 13, 2017, the Center sent an email communication to the Parties in both Chinese and English regarding the language of the proceeding. On November 13, 2017, the Complainant submitted the amended Complaint in which it requested for English to 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 proceedings commenced on November 20, 2017. In accordance with the Rules, paragraph 5, the due date for Response was December 10, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 11, 2017.

The Center appointed Sok Ling MOI as the sole panelist in this matter on December 21, 2017. 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.

4. Factual Background

The Complainant, founded in 1951, is a designer, manufacturer and integrator of precision control components and systems. Its systems control military and commercial aircraft, satellites and space vehicles, launch vehicles, missiles, automated industrial machinery, wind turbines, marine and medical equipment.

Being one of the world’s leading control solutions providers, the Complainant is present in 27 countries worldwide and employs nearly 11,000 people. Publicly traded on the New York stock Exchange, the Complainant reported sales of USD 2.41 billion for the year 2016. The Complainant has a strong Internet presence through its website at “www.moog.com”.

The Complainant owns trade mark registrations for MOOG in various jurisdictions, including the following:

Jurisdiction	Mark	Registration No.	Class No.	Registration Date
United States	MOOG	893181	9	June 23, 1970
United States	MOOG	1055970	9	January 11, 1977
United States	MOOG	1088046	9	March 28, 1978
China	MOOG	1141100	7	January 7, 1998
International	MOOG	402981	6, 7, 8, 9, 10, 12, 16, 35, 37, 39, 40	November 20, 1973
International	MOOG	610136	6, 7, 8, 9, 10, 16, 35, 37, 39, 40	November

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