WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Hyundai Motor Company v. Mr. Nguyen Van Tien Case No. D2019-0163 1. The Parties

The Complainant is Hyundai Motor Company of Seoul, Republic of Korea, represented by T&G Law Firm LLC, Viet Nam.

The Respondent is Mr. Nguyen Van Tien of Ho Chi Minh City, Viet Nam. 2. The Domain Name and Registrar

The disputed domain name is registered with Mat Bao Corporation (the “Registrar”). 3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on January 24, 2019. On January 24, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 25, 2019, 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. On January 28, 2019, the Center sent an email in English and Vietnamese to the Parties regarding the language of the proceeding. The Complainant requested that English be the language of the proceeding on January 30, 2019. 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 in English and Vietnamese of the Complaint, and the proceedings commenced on February 4, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 24, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 25, 2019.

The Center appointed Edoardo Fano as the sole panelist in this matter on March 4, 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.

The Panel has not received any requests from the Complainant or the Respondent regarding further submissions, waivers or extensions of deadlines, and the Panel has not found it necessary to request any further information from the Parties.

Having reviewed the communication records in the case file provided by the Center, the Panel finds that the Center has discharged its responsibility under the Rules, paragraph 2(a), “to employ reasonably available means calculated to achieve actual notice to Respondent”. Therefore, the Panel shall issue its Decision based upon the Complaint, the Policy, the Rules and the Supplemental Rules and without the benefit of a response from the Respondent. 4. Factual Background

The Complainant is Hyundai Motor Company, a Korean company operating worldwide as automobile manufacturer and owning several trademark registrations for HYUNDAI, among which the following ones in Viet Nam, the country where the Respondent is located:

- Vietnamese Trademark Registration No. 4-0009811-000 for HYUNDAI, registered on December 6, 1993,

- Vietnamese Trademark Registration No. 4-0176412-000 for HYUNDAI, registered on November 28, 2011.

The Complainant operates on the Internet at several websites, among which the main ones are “” and “”.

The Complainant provided evidence in support of the above.

The disputed domain name was registered on June 4, 2014 according to the WhoIs records, and the website at the disputed domain name is advertising and trading vehicles, reproducing the trademark and logo of the Complainant. 5. Parties’ Contentions A. Complainant

The Complainant states that the disputed domain name is confusingly similar to its trademark HYUNDAI, as the words “oto” and “vietnam” are generic and not distinctive.

Moreover, the Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name since it has not been authorized by the Complainant to register the disputed domain name or to use its trademark within the disputed domain name, nor is the Respondent commonly known by the disputed domain name. The Complainant asserts the Respondent is not making either a bona fide offering of goods or services or a legitimate noncommercial or fair use of the disputed domain name.

The Complainant submits that the Respondent has registered the disputed domain name in bad faith, since the Complainant’s trademark HYUNDAI is distinctive and internationally known. Therefore, the Respondent targeted the Complainant’s trademark at the time of registration of the disputed domain name and the Complainant contends that the use of the disputed domain name to intentionally attract, for commercial gain, Internet users by creating a likelihood of confusion with the Complainant’s famous trademark as to the source, sponsorship, affiliation and/or endorsement of the Respondent’s associated website qualifies as bad faith registration and use. B. Respondent

The Respondent has made no reply to the Complainant’s contentions and is in default. In reference to paragraphs 5(e) and 14 of the Rules, no exceptional circumstances explaining the default have been put forward or are apparent from the record.

A respondent is not obliged to participate in a proceeding under the Policy, but if it fails to do so, reasonable facts asserted by a complainant may be taken as true, and appropriate inferences, in accordance with paragraph 14(b) of the Rules, may be drawn (see, e.g., Reuters Limited v. Global Net 2000, Inc.,WIPO Case No. D2000-0441, Microsoft Corporation v. Freak Films Oy,WIPO Case No. D2003-0109, SSL International PLC