Decisión del Panel Administrativo nº D2020-1789 of WIPO Arbitration and Mediation Center, September 08, 2020 (case South African Revenue Service v. Feng Zhang, Zhang Feng)

• Resolution Date: September 08, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

South African Revenue Service v. Feng Zhang, Zhang Feng

Case No. D2020-1789

1. The Parties

Complainant is South African Revenue Service, South Africa, represented by Adams & Adams Attorneys, South Africa.

Respondent is Feng Zhang, Zhang Feng, China.

2. The Domain Name and Registrar

The disputed domain name [sarstax.com] (the “Domain Name”) is registered with DropCatch.com LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 9, 2020. On July 9, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On July 9, 2020, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details.

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 Respondent of the Complaint, and the proceedings commenced on July 15, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 4, 2020. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on August 5, 2020.

The Center appointed Christopher S. Gibson as the sole panelist in this matter on August 17, 2020. 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

Complainant is the South African Revenue Service, an administrative organ of South African, established under the South African Revenue Service Act 34 of 1997. Its main functions are the collection of revenue and facilitating local and international trade on behalf of South African.

Complainant does this by seeking to ensure compliance with South African tax legislation. In addition, Complainant is responsible for providing a customs service. This is done by controlling the import and export of prohibited and restricted goods, enforcing customs and related trade laws, ensuring clearance of goods and facilitating the movement of travelers through South Africa's borders.

In exercising these functions, Complainant provides advisory services and assistance to taxpayers in South Africa through its branch offices and call centers and via its website, which can be found at “www.sars.gov.za”. These services range from the provision of information, reports and statistics, to guidance and assistance with the submission of tax returns.

One of the ways in which Complainant has managed to reach and ensure convenience of use and compliance by a large number of taxpayers is its electronic filing service, which is offered and promoted under the trademark SARS E-FILING. The SARS E-FILING service is a free service that offers taxpayers convenience by providing an online system to submit tax returns and declarations, change personal information, request tax clearance certificates, do VAT vendor searches, and calculate custom payments. The SARS E-FILING service is operated from a website, which can be found at “www.sarsefiling.co.za” and is available for use by individual taxpayers, small or large businesses, employers, and other organizations.

Complainant is also the proprietor of the SARS trademark and owns the following relevant registrations registered on August 29, 2014 in South Africa:

- SARS, registration No. 2011/29912 in class 9 in respect of "Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus";

- SARS, registration No. 2011/29913 in class 16 in respect of "Paper, cardboard and goods made from these materials, not included in other classes; printed matter; book binding material; photographs; stationery; adhesives for stationery or household purposes; artists'...