Decisión del Panel Administrativo nº D2010-0642 of WIPO Arbitration and Mediation Center, June 11, 2010 (case Pandora Jewelry, LLC v. ke ying, no, bing jin, fcgem, Wei Pang, na no and fcg, xiong mao)

• Judge: Rodrigo Azevedo
• Resolution Date: June 11, 2010
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Pandora Jewelry, LLC v. ke ying, no, bing jin, fcgem, Wei Pang, na no and fcg, xiong mao

Case No. D2010-0642

1. The Parties

The Complainant is Pandora Jewelry, LLC of Columbia, Maryland, United States of America, represented by Lathrop & Gage LLP, United States of America.

The Respondents are ke ying of Lancs, People’s Republic of China; no, bing jin of Shanghai, People’s Republic of China; fcgem, Wei Pang of Shanghai, People’s Republic of China; na no, of Lancs, United Kingdom of Great Britain and Northern Ireland; and fcg, xiong mao of Shanghai, People’s Republic of China.

2. The Domain Names and Registrar

The disputed domain names [onlinepandorabeads.com], [pandoraesale.info], [pandorajewelleryonline.com], [pandorajewellerysales.com], [pandorasbeadsale.com], [panjewellery.com], [salepandora.info], [salepandorasbeads.com] and [storepandora.info] are registered with eNom, Inc.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 22, 2010. On April 23, 2010, the Center transmitted by email to eNom, Inc. a request for registrar verification in connection with the disputed domain names. On April 27, 2010 eNom, Inc. transmitted by email to the Center its complete verification response confirming that the Respondents are listed as the registrants 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(a) and 4(a), the Center formally notified the Respondents of the Complaint, and the proceedings commenced on April 28, 2010. In accordance with the Rules, paragraph 5(a), the due date for Response was May 18, 2010. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 19, 2010.

The Center appointed Rodrigo Azevedo as the sole panelist in this matter on May 27, 2010. 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 the United States distributor of jewelry designs under the trademark PANDORA, including series of beads, spacers, clips, bracelets and necklaces. The designs are created by artisans of the Complainant’s affiliated companies in Denmark.

The Complainant owns various trademarks incorporating the word “pandora” in several countries, since at least 2004.

Pandora and its affiliated companies have extensively advertised and marketed its jewelry products under the PANDORA trademark, including through the website at “www.pandora-jewelry.com”. The sales of the PANDORA jewelry products have exceeded two-hundred million USD in the United States and nearly twice as much worldwide, through more than 8,000 outlets.

The disputed domain names were created between November, 2009 and April, 2010.

The Panel accessed the web pages placed at the disputed domain names on June 8, 2010.

The domain names [salepandorasbeads.com], [pandorajewellerysales.com], [pandorasbeadsale.com] and [onlinepandorabeads.com] point to very similar web sites, with the same design and colors, consisted of e-commerce operations entitled “PANDORA Jewelry Sales” or “PANDORA Beads”. These web sites reproduce the Complainant’s trademark and offer for sale “Pandora Necklaces”, “Pandora Beads”, “Pandora Bracelets”, “Pandora Bangles”, Pandora Packages”, etc.

The web site at [panjewellery.com] is entitled “PANJEWELRY” and has a different design. However, it also reproduces the Complainant’s trademark PANDORA and offers for sale “Pandora Jewelry”, “Pandora Beads”, “Pandora Bracelets”, “Pandora Charms”, etc.

The web sites at [salepandora.info] and...