WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Esselunga S.P.A. v. Wang Lian Feng Case No. D2018-0967 1. The Parties

The Complainant is Esselunga S.P.A. of Milan, Italy, represented by Studio Legale Associato Barzano & Zanardo, Italy.

The Respondent is Wang Lian Feng of Beijing, China. 2. The Domain Name and Registrar

The disputed domain name is registered with Alibaba Cloud Computing Ltd. d/b/a HiChina (the "Registrar"). 3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the "Center") on May 2, 2018. On May 2, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 3, 2018, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

May 11, 2018, 2018, the Center sent a communication to the Parties, in English and Chinese, regarding the language of the proceeding. On May 14, 2018, the Complainant confirmed its request that English be the language of the proceeding. The Respondent did not comment on the language of the proceeding by the specified due date.

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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on May 17, 2018. In accordance with the Rules, paragraph 5, the due date for Response was June 6, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on June 7, 2018.

The Center appointed Sok Ling MOI as the sole panelist in this matter on June 14, 2018. 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 an Italian retail store chain founded in 1957. It has more than 150 points of sale and boasts of a revenue of EUR 6.8 billion. It operates an online retail store on its website, "" and is active on social media, e.g., through its Facebook account at "/Esselunga/".

The Complainant is the registered proprietor of the following trade mark registrations:

Jurisdiction

Trade Mark

Registration No.

Registration Date

Class

Italy

ESSELUNGA

0000890665

May 7, 2003

3, 6, 8, 9, 16, 21, 28, 29, 30, 31, 32, 33, 42

Italy

ESSELUNGA & ribbon device

0001002680

April 11, 2006

1-45

European Union

ESSELUNGA BIO & device

003370202

May 4, 2005

5, 29, 30, 31, 32, 33

The Complainant is also the registered proprietor of the following domain names:

The disputed domain name was registered on March 29, 2018. According to the evidence submitted by the Complainant and as of the date of this decision, the disputed domain name does not resolve to any active website and appears never to have done so in the past. 5. Parties' Contentions A. Complainant

The Complainant contends that the disputed domain name is identical to its trade mark(s). The Complainant further contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and the disputed domain name has been registered and is being used in bad faith.

The Complainant requests the transfer of the disputed domain name. B. Respondent

The Respondent did not reply to the Complainant's contentions. 6. Discussion and Findings 6.1 Language of the Proceeding

Pursuant to paragraph 11(a) of the Rules, unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.

Paragraphs 10(b) and (c) of the Rules require the Panel to ensure that the proceeding takes place with due expedition and that the Parties are treated equitably and given a fair opportunity to present their respective cases.

The language of the Registration Agreement for the disputed domain name is Chinese. From the evidence on record, no agreement appears to have been entered into between the Complainant and the Respondent regarding the language issue. The Complainant filed its Complaint in English and requested that English be the language of the proceeding. The Respondent did not respond on this issue.

The Panel finds persuasive evidence in the present proceeding to suggest that the Respondent has sufficient knowledge of English. In particular, the Panel notes that:

(a) the disputed domain name is registered in Latin characters rather than Chinese script,

(b) the top-level extension of the disputed domain name comprises the English word "tech" which is the commonly accepted abbreviation for "technology",

(d) the Respondent has registered other domain names (e.g., , , , and ) which are in Latin characters, some of which also comprise English words.

Additionally, the Panel notes that:

(a) the Center has notified the Respondent of the proceeding in both Chinese and English,

(b) the Respondent has been given the opportunity to present its case in this proceeding, and

Considering the above circumstances, the Panel finds that the choice of English as the language of the present proceeding is fair to both Parties and is not prejudicial to either on