Decisión del Panel Administrativo nº D2019-0189 of WIPO Arbitration and Mediation Center, March 18, 2019 (case Xiaomi Technology Company Limited, Xiaomi Technology India Private Limited v. Mi Dealer)

Resolution DateMarch 18, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Xiaomi Technology Company Limited, Xiaomi Technology India Private Limited v. Mi Dealer

Case No. D2019-0189

1. The Parties

The Complainants are Xiaomi Technology Company Limited of Beijing, China and Xiaomi Technology India Private Limited of Karnataka, India (hereafter “Complainant”), represented by Masilamani Law Partners, India.

The Respondent is Mi Dealer of Patna, India.

2. The Domain Name and Registrar

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

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 25, 2019. On January 25, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On the same date, 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. The Complainant filed an amended Complaint on January 31, 2019.

The Center verified that the Complaint together with the amended Complaint (hereafter “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 of the Complaint, and the proceedings commenced on February 1, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 21, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 22, 2019.

The Center appointed Nicholas Smith as the sole panelist in this matter on March 5, 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.

4. Factual Background

The Complainant is involved in the design, development, manufacture, and distribution of smart phones, mobile applications and other electronic consumer products.

The Complainant holds, amongst other marks, a registered trade mark for a device consisting of the letters “mi” in stylized form (the “MI Mark”) (registration number 1173649), registered from November 28, 2012 for goods and services in classes 9, 35, 38 and 42. The MI Mark is registered, through the Madrid Protocol, in various countries...

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