Decisión del Panel Administrativo nº DCC2019-0002 of WIPO Arbitration and Mediation Center, May 27, 2019 (case Piriform Software Limited v. Chen Tai Lei)

• Resolution Date: May 27, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Islas Cocos (.cc)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Piriform Software Limited v. Chen Tai Lei

Case No. DCC2019-0002

1. The Parties

The Complainant is Piriform Software Limited, United Kingdom, represented by Å taidl Leška Advokáti, Czech Republic.

The Respondent is Chen Tai Lei, China.

2. The Domain Name and Registrar

The disputed domain name [ccleaner.cc] is registered with Alibaba Cloud Computing (Beijing) Co., Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on April 3, 2019. The following day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 8, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name that differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on April 12, 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 on April 12, 2019.

On April 12, 2019, the Center sent a communication to the Parties, in English and Chinese, regarding the language of the proceeding. On the same day, the Complainant confirmed its request that English 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, in English and Chinese, of the Complaint, and the proceedings commenced on April 18, 2019. In accordance with the Rules, paragraph 5, the due date for Response was May 8, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 14, 2019.

The Center appointed Matthew Kennedy as the sole panelist in this matter on May 23, 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.

4. Factual Background

The Complainant markets personal computer optimization software under the trademark “CCleaner”. The software was released in 2004 and has since been downloaded more than two billion times. The Complainant has obtained multiple trademark registrations in different jurisdictions, including European Union trademark registration number 007562002 for CCLEANER, registered on...