WIPO Domain Name Decision D2019-0091 for grundfosvietnams.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Grundfos Holding A/S v. Whois Privacy Protection Service, Inc. / Phuong Nguyen Case No. D2019-0091 1. The Parties
The Complainant is Grundfos Holding A/S of Bjerringbro, Denmark, represented by Kromann Reumert, Denmark.
The Respondent is Whois Privacy Protection Service, Inc. of Kirkland, Washington, United States of America / Phuong Nguyen of Hanoi, Viet Nam. 2. The Domain Name and Registrar
The disputed domain name is registered with eNom, Inc. (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 17, 2019. On January 17, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 17, 2019, 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 January 18, 2019 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 amended Complaint on January 21, 2019.
The Center verified that the Complaint together with the amended 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 January 25, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 14, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 15, 2019.
The Center appointed Clive Duncan Thorne as the sole panelist in this matter on February 22, 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 part of the Grundfos Group established in 1945 which is one of the largest and leading manufacturers of pumps worldwide. It produces more than 16 million pumps a year. As at the end of 2014 it had a net turnover exceeding 4.1 billion US $ with 19,000 employees in more than 80 companies in over 55 countries including Vietnam. The evidence adduced by the Complainant shows that it is expanding steadily throughout the world. Further details are set out in the 2014 annual report (Exhibit 6 to the Complaint).
The Group operates several websites, including a website promoting its products under the domain name which in 2014 received over 1,200,000 visitors.
The Complainant first registered the trade mark GRUNDFOSS for pumps in 1946. It, subsequently, in 1967,changed the trading name to GRUNDFOS. The trade mark GRUNDFOS is the subject of 98 registrations all over the world including in the European Union, Denmark and Viet Nam. Copies or transcripts of certificates of registration for these three jurisdictions are exhibited as Exhibits 14, 15 and 16. An overview of the 98 registrations is set out in Exhibit 17. There are also registrations for a wi