Decisión del Panel Administrativo nº DAU2019-0001 of WIPO Arbitration and Mediation Center, March 01, 2019 (case Unicareer (Shanghai) Education Technology Co., Ltd. v. Navigation International Pty Ltd, Linghang Education)
| Resolution Date | March 01, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Australia (.au) |
The Complainant is Unicareer (Shanghai) Education Technology Co., Ltd. of Shanghai, China, represented by Beijing Chofn Intellectual Property Agency Co. Ltd, China.
The Respondent is Navigation International Pty Ltd, Linghang Education, of Melbourne, Victoria, Australia.
The disputed domain name [unicareer.com.au] is registered with GoDaddy.com, LLC.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 7, 2019. On the same day, the Center transmitted by email to GoDaddy.com, LLC a request for registrar verification in connection with the disputed domain name. The following day, GoDaddy.com, LLC transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant, providing the contact details and confirming that the Registration Agreement is in English. On January 16, 2019, the Center requested that the Complainant amend the Complaint. The Complainant submitted an amended Complaint on January 18, 2019.
The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the .au Dispute Resolution Policy (the “.auDRP”), the Rules for the .au Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for the .au Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 21, 2019. In accordance with the Rules, paragraph 5(a), the due date for Response was February 10, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 12, 2019.
The Center appointed Matthew Kennedy as the sole panelist in this matter on February 15, 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 is a Chinese company that operates an e-learning career development platform for international students and working professionals. The Complainant registered the domain name [unicareer.com] on October 27, 2006 that it uses in connection with an official website in Chinese, where it provides online courses and information about itself. One of its courses relates to the qualification to become a CFA (i.e., a Chartered Financial Analyst). The Complainant obtained a business licence in China on December 25, 2014. During the period from March 2015 to October 2018, the Complainant filed six applications for Chinese trademark registrations, five for different devices each including the term “unicareer”, one for UNICAREER, and all specifying services in class 41. Two applications (both for device marks) were refused and the other four applications are awaiting examination. The Complainant also registered the domain names [unicareer.net] and [unicareer.org] on March 18, 2016 and March 25, 2016, respectively, and uses them in connection with an official website in English. In July 2016 and July 2017, the...
To continue reading
Request your trial