PDF《ADMINISTRATIVE PANEL DECISION》

1 ADMINISTRATIVE PANEL DECISION Case No.

DCN-1700746 Complainant : Hermès International Respondent : 徐彩云 Disputed Domain Name : Registrar : 浙江贰贰网络有限公司 1. Procedure History On

2 June 2017, the Complainant filed a Complaint concerning the disputed domain name (hereafter referred to as Disputed Domain Name ) in the English language with the Hong Kong International Arbitration Centre (hereafter referred to as the HKIAC ). The Disputed Domain Name is registered by the Respondent 徐彩云 with 22net, Inc., [浙江贰贰网络有限公司] whose address is 11th Floor, Building Number 2, Hangzhou Internet Innovation Pioneer Park, No.

176 Zlxia Street, West Lake District, Hangzhou, Zhejiang 310030, China [浙江省杭州市西湖区紫霞街

176 号杭州互联网创新创业园

2 号楼

11 楼(310030)]. The HKIAC having considered the matter decided to appoint a single-member panel in accordance with the China Internet Network Information Center (hereinafter referred to as CNNIC ) ccTLD Dispute Resolution Policy (hereafter referred to as Policy ), which took became effective from 21st November

2014 and the CNNIC ccTLD Dispute Resolution Policy Rules (hereafter referred to as Rules ) which took effective from 21st November

2014 and the HKIAC Supplemental Rules to CNNIC ccTLD Dispute Resolution Policy (hereafter

2 referred to as Supplemental Rules ), issued by the HKIAC which took effective from 21st November 2014. On

23 June 2017, the HKIAC served a written notice of the Complaint to the Respondent stating that the due date for the submission of Response by the Respondent was

17 July 2017. On

3 July 2017, the HKIAC wrote to Dr. Christopher To enquiring from Dr. Christopher To as to whether he is available to act as the Panelist and if so whether he is in a position to act independently and impartially between the Complainant and the Respondent (hereinafter collectively called the Parties ). On

6 July 2017, Dr. Christopher To wrote to the HKIAC confirming his ability to act. On

6 July 2017, the HKIAC wrote to the Parties informing the Parties that Dr. Christopher To (hereinafter called the Panelist ) has been appointed in accordance with the Policy, the Rules and the Supplemental Rules in respect of the Disputed Domain Name. The Panelist is of the view that the Panel was properly constituted and that the Panelist has acted impartially in reaching its conclusion. In accordance with Article

8 of the Rules, unless otherwise agreed by the Parties or determined in exceptional cases by the Panel, the language of the domain name dispute resolution proceedings shall be Chinese. The Complainant requested the Panel to consider using English as the language of the proceedings. On

10 July 2017, the HKIAC received Administrative Panel Order No.1 from the Panelist, stating that the Panelist shall conduct the matter in both Chinese and

3 English provided the Respondent submits a response in accordance with Chapter IV C The Response of the Rules, failing which the Panelist shall conduct the matter in English. In the meantime, the Panelist emphasized that the Complainant did not need to translate the Complaint and its annexes into Chinese. On

11 July 2017, the HKIAC sent the Administrative Panel Order No.1 to the Respondent [copying the Complainant] by E-mail, requesting the Respondent to file its response in Chinese with the HKIAC within

20 days, i.e., on or before

31 July 2017. On

31 July 2017, the Respondent did not submit a reply in accordance with the Rules (Chapter IV The Response ), nor did the Respondent express disagreement to the Complainant'

s request that English be the language of proceedings. On

1 August 2017, the HKIAC notified the Panelist and the Complainant that the Respondent did not file a response within the stipulated timeframe. In accordance with the Administrative Panel Order No.1, the Panelist shall conduct the matter in the English language. The Panelist was also invited to announce the date for rendering a decision for the matter. On

2 August 2017, the Panelist wrote to the HKIAC informing the HKIAC that it shall render its decision on

16 August 2017. On 2August 2017, the HKIAC wrote to the Parties informing them that the Panelist shall render its decision on

16 August 2017. 2. Factual Background The Complainant The Complainant, Hermès International with its registered address at

34 rue du Faubourg St. Honore, F-75800 Paris, France is a high fashion luxury goods

4 manufacturer established in 1837. The company specializes in leather goods, lifestyle accessories, home furnishings, perfumery, jewelry, watches, ready-to- wear clothing and is listed as number

32 in the world of most innovative companies and listed as number

48 as the world'

s most valuable brands. In China, the Complainant has a store in Shanghai which operates under their Chinese site https://www.hermes.com/index_cn.html. The Complainant'

s authorized representative in these proceedings is SILKA Law AB located at

114 56 Stockholm, Sweden. The Respondent The Respondent is an individual 徐彩云 whose address, telephone number, fax number, place of registration are unavailable. The Respondent'

s E-mail address is [email protected]. The Disputed Domain Name (Puny Name: xn―7mqw57f1s1a.cn) was registered by the Respondent on

18 January 2017. The Registrar The Registrar for the Disputed Domain Name is 浙江贰贰网络有限公司, located at

22 net, Inc, 11/F, Bldg No.2, Hangzhou Internet Innovation Pioneer Park, No.176 Zlxia Street, West Lake District, Hangzhou, Zhejiang 310030, China. The Registrar'

s telephone number is(+86)4006602522 and its E-mail address is [email protected]. 3. Parties'

Contentions The Complainant The Complainant opened its first exclusive store in Beijing in 1996. 爱马仕 is

5 the Chinese word for the brand. Today, the Complainant sales are composed of about 30% leather goods, 15% clothes, 12% scarves and 43% other wares. The Complainant is also active in marketing its eye wear across multiple social media sites such as YouTube, Twitter, Facebook, Google+ as follows: Platform Direct link Facebook https://www.facebook.com/hermes Instagram https://www.instagram.com/hermes Twitter https://twitter.com/hermes_paris YouTube https://www.youtube.com/user/hermes/home Google+ https://plus.google.com/+hermes The Complainant owns several trademarks consisting or containing the word HERMES both at an international level, including China where the Respondent likely resides. An overview of the relevant registered trademarks........