WIPO Domain Name Decision D2018-2656 for sanofiblockchain.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Sanofi v. Bing Zou Case No. D2018-2656 1. The Parties
The Complainant is Sanofi of Paris, France, represented by Selarl Marchais & Associés, France.
The Respondent is Bing Zou of Fuzhou, China. 2. The Domain Name and Registrar
The disputed domain name is registered with Chengdu West Dimension Digital Technology Co., Ltd. (the “Registrar”). 3. Procedural History
The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on November 20, 2018. On November 20, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 21, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on November 26, 2018, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on November 27, 2018.
On November 26, 2018, the Center transmitted an email in English and Chinese to the Parties regarding the language of the proceeding. The Complainant requested that English be the language of the proceeding on November 27, 2018. The Respondent did not comment on the language of the proceeding.
The Center verified that the Complaint together with the amendment to 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 proceedings commenced on December 3, 2018. In accordance with the Rules, paragraph 5, the due date for Response was December 23, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 24, 2018.
The Center appointed Douglas Clark as the sole panelist in this matter on January 14, 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, founded in 2004 as Sanofi-Aventis, is a French multinational pharmaceutical company with its headquarter in Paris. It ranks fourth in the world in largest multinational pharmaceutical companies by prescription sales. It has presence in over 100 countries with around 100,000 employees.
The Complainant is the owner of various SANOFI trademarks in numerous jurisdictions including French Trademark Nos. 3835192, 96655339, 92412574, and 1482708, registered on May 16, 2011, December 11, 1996, March 26, 1992 and August 11, 1988 respectively; European Union Trademark Nos. 010167351, 004182325, and 000596023 registered on January 7, 2012, February 9, 2006 and February 1, 1999 respectively; International Trademark Nos. 1091805, 1092811, 1094854, 674936 and 591490 registered on August 18, 2011, August 11, 2011, August 11, 2011, June 11, 1997, September 25, 1992 respectively; United States of America Trademark No. 4178199 registered on July 24, 2012. Chinese Trademark Nos. 1154668, 1202329, 1330148, 1386355, 7993681 and 9504488 registered on February 28, 1998, August 28, 1998, November 7, 1999, April 21, 2000, February 7, 2011 and March 7, 2014 respectively.
The Respondent is an individual based in Fuzhou, China.
The disputed domain name was registered on October 24, 2018 and resolves to a page that advertises casinos in Macau, China. 5. Parties’ Contentions A. Complainant
The Complainant contends as follows: Identical or Confusingly Similar
The Complainant contends that the disputed domain name and the trademark SANOFI are confusingly similar. The disputed domain name contains “SANOFI” in its entirety as the distinctive part of the disputed domain name. The additional English word “blockchain” does not affect the similarity of the domain name from