Decisión del Panel Administrativo nº D2019-2377 of WIPO Arbitration and Mediation Center, November 28, 2019 (case NG Brand v. Beijing Guohuan Culture Communication Co., Ltd.(北京国欢文化ä¼ 播有限公司))
| Resolution Date | November 28, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is NG Brand, France, represented by Cabinet Bouchara, France.
The Respondent is Beijing Guohuan Culture Communication Co., Ltd. (北京国欢文化ä¼ 播有限公司), China.
The disputed domain name [nicolasghesquiere.net] (the “Domain Name”) is registered with Alibaba Cloud Computing (Beijing) Co., Ltd. (the “Registrar”).
The Complaint in English was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 30, 2019. On September 30, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On October 8, 2019, 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 the Complainant on October 8, 2019 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 in English on October 11, 2019.
On October 8, 2019, the Center transmitted an email in English and Chinese to the Parties regarding the language of the proceeding. The Complainant confirmed the request that English be the language of the proceeding on October 10, 2019. The Respondent requested that Chinese be the language of the proceeding on October 10, 2019.
The Center verified that the Complaint together with 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 in English and Chinese, and the proceedings commenced on October 17, 2019. In accordance with the Rules, paragraph 5, the due date for Response was November 6, 2019. The Response was filed on October 30, 2019.
The Center appointed Karen Fong as the sole panelist in this matter on November 12, 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, paragraph 7.
The Complainant operates in the field of design, manufacture and distribution of clothing and fashion accessories for women under the trade mark NICOLAS GHESQUIÈRE. Mr Ghesquiere is a fashion designer with a reputation in the industry after having been Creative Director of French fashion house Balenciaga from 1997 until 2012 and then Creative Director of Louis Vuitton since 2013. He is the Chairman of the board of the Complainant.
The NICOLAS GHESQUIÈRE trade mark is registered in many territories including France, China, Japan, Indonesia, Republic of Korea, Singapore, Thailand and the European Union. The earliest trade mark registration no. 4447083 submitted in evidence is registered on April 18, 2018 in France (the “Trade Mark”).
The Respondent who is based in Beijing, China registered the Domain Name on April 22, 2019. The Domain Name is connected to an inactive website. The Respondent has filed no less than 22 applications for the Trade Mark in China covering classes 5, 9, 10, 12 21, 25-27, 29, 30, 32-26, 38, 40-45. These marks are all pending and were filed between April 22 to May...
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