Decisión del Panel Administrativo nº D2018-0848 of WIPO Arbitration and Mediation Center, June 12, 2018 (case Visufarma S.p.A. v. Chen Jian Hua)

• Resolution Date: June 12, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Visufarma S.p.A. v. Chen Jian Hua

Case No. D2018-0848

1. The Parties

The Complainant is Visufarma S.p.A. of Rome, Italy, represented by Società Italiana Brevetti S.p.A., Italy.

The Respondent is Chen Jian Hua of Shenzhen, Guangdong, China, self-represented.

2. The Domain Name and Registrar

The disputed domain name [coqun.com] is registered with HiChina Zhicheng Technology Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on April 16, 2018. On April 17, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 18, 2018, 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 April 19, 2018, the Center sent an email in English and Chinese to the Parties regarding the language of the proceeding. On April 20, 2018, the Complainant confirmed the request in the Complaint that English be the language of the proceeding. The Respondent did not submit a language of proceeding request by the deadline of April 24, 2018.

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 proceeding commenced on April 30, 2018. In accordance with the Rules, paragraph 5, the due date for Response was May 20, 2018. The Response was filed in Chinese with the Center on May 10, 2018.

The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on May 29, 2018. 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

A. Complainant

The Complainant is a pharmaceutical company incorporated in Italy. One of the products of the Complainant is Coqun, a complementary product to hypotonic therapy treatment for the eye disease, glaucoma, with a patented formula (the “Product”).

The Complainant is the owner of registrations for the trade mark COQUN (the “Trade Mark”) in jurisdictions worldwide, including Italian registration No. 302014902312480, with a registration date of October 3, 2008, and European Union trade mark registration No. 4637831, with a registration date of August 3, 2006.

The Complainant has been using the Trade Mark for many years in Italy and abroad in respect of the promotion and sale of the Product.

B. Respondent

The Respondent is an individual resident in China.

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