WIPO Domain Name Decision D2019-0473 for nutribenchina.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Alter Farmacia, S.A. v. Domain Administrator, See PrivacyG / Chen Lu Case No. D2019-0473 1. The Parties
The Complainant is Alter Farmacia, S.A. of Madrid, Spain, represented by Elzaburu, Spain.
The Respondent is Domain Administrator, See PrivacyG of Phoenix, Arizona, United States of America (“United States”) / Chen Lu of Yizhong, Shanxi, China. 2. The Domain Name and Registrar
The disputed domain name is registered with NameSilo, LLC (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 28, 2019. On February 28, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 28, 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 March 1, 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 March 6, 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 March 13, 2019. In accordance with the Rules, paragraph 5, the due date for Response was April 2, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on April 4, 2019.
The Center appointed Steven Auvil as the sole panelist in this matter on April 23, 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, based in Madrid, Spain is a manufacturer of infant food and dietary products for newborns through 5 year olds. The Complainant has been in business for over 55 years and it is present in 30 countries across four continents. It is the owner of registered trademarks for the word marks NUTRIBEN and NUTRIBÉN for dietetic food and substances adapted for medical use, food for babies, dietary supplements, foodstuffs of animal origin and plant origin, non-alcoholic beverages, and services related to advertising, business management, and business administration.
The Complainant is the owner of the NUTRIBÉN trademark used in connection with the well-known “Nutriben” branded products in China. The word mark NUTRIBÉN (Reg. Nos. 11111691, 11111687, 11111688, 11111689, 11111690, and 11111686) all registered in China on July 11, 2013. The word mark NUTRIBÉN (Reg. No. and 13372247) also registered in China on January 28, 2015. The Complainant was the first Spanish infant food company to register formulas and have its NUTRIBEN products authorized by the Chinese Food and Drug Administration.
The Complainant officially promotes its business and distributes its products in China through the following website at “”.
The disputed domain name resolves to a website with pornographic content.
The disputed domain name was registered on December 25, 2018. 5. Parties’ Contentions A. Complainant
The Complainant asserts that the disputed domain name is identical or confusingly similar to the NUTRIBÉN trademarks because it simply reproduces them with the addition of the geographical name “China” and of the descriptive character of the word china, the distinctive part of the disputed domain name in NUTRIBÉN.
The Complainant claims that anyone who sees the disputed domain name is bound to mistakenly believe that the disputed domain name is NUTRIBÉN’s direct-to-consumer digital channel in China and/or an authorized distributor in the country, thereby creating confusion by establishing an association with the Complainant’s registered trademarks. Further, the disputed domain name is being used for services that have absolutely no connection with the goods and services associated with registered NUTRIBÉN trademarks.
The Complainant further alleges that the Respondent has no rights or legitimate interest in the term “nutribén”. The Complainant found no registered trademarks, tradenames, or bona fide offering of goods and services associated with disputed domain name that belong to the Respondent. It also found no information that would give the Respondent legitimate rights in the disputed domain name, as the Respondent’s display of explicit content on the disputed domain name diverges from what consumers of the Complainant’s goods and services would expect to encounter from the disputed domain n