Decisión del Panel Administrativo nº D2014-1863 of WIPO Arbitration and Mediation Center, December 19, 2014 (case Wal-Mart Stores, Inc. v. datsla, datslahotmail)

Resolution DateDecember 19, 2014
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Wal-Mart Stores, Inc. v. datsla, datslahotmail

Case No. D2014-1863

1. The Parties

The Complainant is Wal-Mart Stores, Inc. of Bentonville, Arkansas, United States (“United States”), represented by Drinker, Biddle & Reath, LLP, United States.

The Respondent is datsla, datslahotmail of Beijing, China.

2. The Domain Name and Registrar

The disputed domain name [walmartfresh.com] (the “Disputed Domain Name”) is registered with eName Technology Co., Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 23, 2014. On October 23, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On October 24, 2014, 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 October 29, 2014, the Center transmitted an email to the parties in both Chinese and English regarding the language of the proceeding. On October 31, 2014, the Complainant requested that English be the language of the proceeding. The Respondent did not comment on the language of the proceeding by the specified due date.

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(a) and 4(a), the Center formally notified the Respondent of the Complaint in both Chinese and English, and the proceeding commenced on November 4, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was November 24, 2014. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 25, 2014.

The Center appointed Kar Liang Soh as the sole panelist in this matter on December 8, 2014. 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 operates a retail store chain comprising 11,000 retail units in 27 countries and several e-commerce sites under the trademark WALMART. It achieved about USD 473 billion in sales for fiscal year 2013. The Complainant opened its first Walmart retail store in 1962 and retailing a wide variety of grocery products and services. The word “fresh” is commonly used on the...

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