Decisión del Panel Administrativo nº D2019-2380 of WIPO Arbitration and Mediation Center, November 28, 2019 (case NG Grand 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 Grand, 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 names [nicolasghesquiere.biz], [nicolasghesquiere.co], [nicolasghesquiere.org] (the “Domain Names”) are 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 October 1, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Names. On October 8, 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.
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 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 in English and Chinese of the Complaint, and the proceedings commenced on October 18, 2019. In accordance with the Rules, paragraph 5, the due date for Response was November 7, 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 Names on May 3, 2019. The Domain Names are inactive. 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 5, 2019. The Respondent has also filed multiple applications in China for trade marks belonging to third parties including FENTY, RIHANNA BY FENTY and VIRGIL ABLOH. FENTY is the fashion brand created by Rihanna, the famous singer in association with the famous global fashion group LVMH. VIRGIL ABLOH is a fashion...
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