Decisión del Panel Administrativo nº DNL2021-0047 of WIPO Arbitration and Mediation Center, October 15, 2021 (case Siemens Healthcare Diagnostics Inc. v. Zhao, Pieter)

• Resolution Date: October 15, 2021
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Países Bajos (.nl)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Siemens Healthcare Diagnostics Inc. v. Zhao, Pieter

Case No. DNL2021-0047

1. The Parties

Complainant is Siemens Healthcare Diagnostics Inc., United States of America (“United States”), represented by CSC Digital Brand Services Group AB, Sweden.

Respondent is Zhao, Pieter, the Netherlands.

2. The Domain Name and Registrar

The disputed domain name [clinitest.nl] (the “Domain Name”) is registered with SIDN through Internationale Domeinregistratie Nederland.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 9, 2021. On August 9, 2021, the Center transmitted by email to SIDN a request for registrar verification in connection with the Domain Name. On August 10, 2021, SIDN 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 September 1, 2021, providing the registrant and contact information disclosed by SIDN, and requesting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on September 2, 2021. The Center verified that the Complaint as amended satisfied the formal requirements of the Dispute Resolution Regulations for .nl Domain Names (the “Regulations”).

In accordance with the Regulations, articles 5.1 and 16.4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on September 2, 2021. In accordance with the Regulations, article 7.1, the due date for Response was September 22, 2021. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on September 23, 2021.

The Center appointed Dinant T. L. Oosterbaan as the panelist in this matter on October 1, 2021. The Panel finds that it was properly constituted. The Panelist has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required to ensure compliance with the Regulations, article 9.2.

4. Factual Background

Complainant provides clinical diagnostic services and therapeutic systems. Complainant is part of the Siemens Healthineers Group with Siemens Healthineers AG as its parent company. Siemens Healthineers has a 120-year track record in developing, manufacturing, and selling a...