Westmore · UDRP DecisionChi-michelin.top
The Panel ordered transfer of <chi-michelin.top>. It found the domain confusingly similar to the Complainant’s MICHELIN trademark because it incorporated the mark in its entirety, with the prefix “chi” and a hyphen not preventing confusing similarity. The Complainant established an unrebutted prima facie case that the Respondent lacked rights or legitimate interests. Bad faith was found based on the trademark’s reputation and prior registration, the composition of the domain, its passive holding, the configuration of an email server, and the Respondent’s failure to respond. The Panel determined that English would be the language of the proceeding despite the registration agreement being in Chinese.
The timeline behind chi-michelin.top
Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.
Westmore reconstructs the full history behind chi-michelin.top — from public RDAP and the Internet Archive — as part of UDRP Intelligence:
The decision illustrates how an inactive domain can satisfy the bad-faith element where the domain clearly incorporates and targets a reputed mark, the respondent offers no explanation, and additional circumstances—here, an email-server configuration—support the inference of bad faith. It also shows that a short prefix and hyphen generally do not defeat confusing similarity when the trademark remains fully recognizable.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
ARBITRATION AND MEDIATION CENTER ADMINISTRATIVE PANEL DECISION Compagnie Générale des Etablissements Michelin v. 谭悦伟 (tanyuewei), 深圳市腾讯计算机系统有限公司 (yue) Case No. D2026-2691 1. The Parties The Complainant is Compagnie Générale des Etablissements Michelin, France, represented by Dreyfus & associés, France. The Respondent is 谭悦伟 (tanyuewei), 深圳市腾讯计算机系统有限公司 (yue), China. 2. The Domain Name and Registrar The disputed domain name <chi-michelin.top> is registered with Xin Net Technology Corp. (the “Registrar”). 3. Procedural History The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on June 19, 2026. On June 22, 2026, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 23, 2026, 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 (Not disclosed) and contact information in the Complaint. The Center sent an email communication to the Complainant on June 23, 2026, 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 in English on June 23, 2026. On June 23, 2026, the Center informed the Parties in Chinese and English, that the language of the Registration Agreement for the disputed domain name is Chinese. On June 23, 2026, the Complainant confirmed its request that English be the language of the proceeding. The Respondent did not submit any comment on the Complainant’s submission. 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”). page 2 In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent in Chinese and English of the Complaint, and the proceedings commenced on June 24, 2026. In accordance with the Rules, paragraph 5, the due date for Response was July 14, 2026. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 15, 2026. The Center appointed Karen Fong as the sole panelist in this matter on July 20, 2026. 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 a company registered in France. Its activities include being a manufacturer of tires and publisher of travel and restaurant guides. It is present in 170 countries and has more than 124,000 employees. The Complainant has been operating in China since 1989 and set up its first manufacturing plant there in 1995. It also operates an R&D company as well as investment service companies in China. The Complainant provides its goods and services under the brand MICHELIN. MICHELIN is registered as a trade mark in many jurisdictions including the following: • International Trade Mark Registration No. 771031 for MICHELIN registered on June 11, 2001; • International Trade Mark Registration No. 1894800 for MICHELIN registered on November 18, 2025; and • Chinese Trade Mark Registration No. 14122988 for MICHELIN registered on April 14, 2015. (individually and collectively referred to as the “Trade Mark”). The Complainant’s main website is found at the domain name <michelin.com> which was registered on December 1, 1993. The Respondent who appears to be based in China registered the disputed domain name on February 16, 2026. The disputed domain name does not resolve to an active website although an email server has been configured on the disputed domain name. The Complainant sent a cease and desist letter to the Respondent on March 31, 2026 through the Registrar but did not receive any response despite sending reminders. 5. Parties’ Contentions A. Complainant The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name. Notably, the Complainant contends that the disputed domain name is confusingly similar to the Trade Mark in which it has rights, that the Respondent has no rights or legitimate interests with respect to the disputed domain name, and that the disputed domain name was registered and is being used in bad faith. B. Respondent The Respondent did not reply to the Complainant’s contentions. page 3 6. Discussion and Findings A. Language of the Proceeding The language of the Registration Agreement for the disputed domain name is Chinese. Pursuant to the Rules, paragraph 11(a), in the absence of an agreement between the parties, or unless specified otherwise in the registration agreement, the language of the administrative proceeding shall be the language of the registration agreement. The Complaint was filed in English. The Complainant requested that the language of the proceeding be English for the following reasons: - the Complainant is based in France and has no knowledge of Chinese. In order to proceed in Chinese, the Complainant would have had to retain specialized translation services at a cost very likely to be higher than the overall cost of these proceedings. The use of Chinese in this case would therefore impose a burden on the Complainant which must be deemed significant in view of the low cost of these proceedings. - English language is the language most widely used in international relations and is one of the working languages of the Center; - The disputed domain name is in Latin characters which strongly suggests that the Respondent has knowledge of languages other than Chinese - There are previous WIPO decisions involving the Registrar which nevertheless allowed the language of the proceeding to be English. The Respondent has not challenged the Complainant’s language request and in fact has failed to file a response in either English or Chinese. In exercising its discretion to use a language other than that of the registration agreement, the Panel has to exercise such discretion judicially in the spirit of fairness and justice to both parties, taking into account all relevant circumstances of the case, including matters such as the parties’ ability to understand and use the proposed language, time and costs (see WIPO Overview of WIPO Panel Views on Select UDRP Questions (“WIPO Overview 3.1”), section 4.5.1). Having considered all the matters above, the Panel determines under paragraph 11(a) of the Rules that the language of the proceeding shall be English. B. Identical or Confusingly Similar It is well accepted that the first element functions primarily as a standing requirement. The standing (or threshold) test for identity or confusing similarity involves a reasoned but relatively straightforward comparison between the Complainant’s Trade Mark and the disputed domain name. WIPO Overview 3.1, section 1.7. The Complainant has shown rights in respect of a trade mark or service mark for the purposes of the Policy. WIPO Overview 3.1, section 1.2.1. The entirety of the Trade Mark is reproduced within the disputed domain name. Accordingly, the disputed domain name is confusingly similar to the Trade Mark for the purposes of the Policy. WIPO Overview 3.1, section 1.7. page 4 While the addition of the word “chi” and a hyphen before the Trade Mark may bear on assessment of the second and third elements, the Panel finds the addition of the word does not prevent a finding of confusing similarity between the disputed domain name and the Trade Mark for the purposes of the Policy. WIPO Overview 3.1, section 1.8. Based on the available record, the Panel finds the first element of the Policy has been established. C. Rights or Legitimate Interests Paragraph 4(c) of the Policy provides a list of circumstances in which the Respondent may demonstrate rights or legitimate interests in a disputed domain name. While the overall burden of proof in UDRP proceedings is on the complainant, panels have recognized that proving a respondent lacks rights or legitimate interests in a domain name may result in the often impossible task of “proving a negative”, requiring information that is often primarily within the knowledge or control of the respondent. As such, where a complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the burden of production on this element shifts to the respondent to come forward with relevant evidence demonstrating rights or legitimate interests in the domain name. If the respondent fails to come forward with such relevant evidence, the complainant is deemed to have satisfied the second element. WIPO Overview 3.1, section 2.1. Having reviewed the record, the Panel finds the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent has not rebutted the Complainant’s prima facie showing and has not come forward with any relevant evidence demonstrating rights or legitimate interests in the disputed domain name such as those enumerated in the Policy or otherwise. Based on the available record, the Panel finds the second element of the Policy has been established. D. Registered and Used in Bad Faith The Panel notes that, for the purposes of paragraph 4(a)(iii) of the Policy, paragraph 4(b) of the Policy establishes circumstances, in particular, but without limitation, that, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith. In the present case, the Panel notes that the Respondent must have been aware of the Trade Mark when registering the disputed domain name given the reputation of the Trade Mark and the fact that the Trade Mark was registered long before the disputed domain name. The Panel also notes that the disputed domain name is inactive. Paragraph 4(b) of the Policy sets out a list of non-exhaustive circumstances that may indicate that a domain name was registered and used in bad faith, but other circumstances may be relevant in assessing whether a respondent’s registration and use of a domain name is in bad faith. WIPO Overview 3.1, section 3.2.1. Panels have found that the non-use of a domain name would not prevent a finding of bad faith under the doctrine of passive holding. Having reviewed the available record, the Panel finds the non-use of the disputed domain name does not prevent a finding of bad faith in the circumstances of this proceeding, particularly noting the reputation of the Complainant’s Trade Mark. WIPO Overview 3.1, section 3.3. Moreover, the nature of the disputed domain name, which is not only confusingly similar to the Trade Mark and is obviously targeting the Complainant, is an indication of bad faith on the part of the Respondent. page 5 Having reviewed the available record, the Panel notes the reputation of the Trade Mark, the composition of the disputed domain name, the configuration of an email server on the disputed domain name, and the lack of a response from the Respondent, and finds that in the circumstances of this case the passive holding of the disputed domain name does not prevent a finding of bad faith under the Policy. Based on the available record, the Panel finds the third element of the Policy has been established. 7. Decision For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <chi-michelin.top> be transferred to the Complainant. /Karen Fong/ Karen Fong Sole Panelist Date: August 5, 2026
Source of record: WIPO . Reproduced for research; WIPO is the authoritative source.
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