1. The Complainant is an US company active in the business of dinnerware goods and related services. The CORELLE brand has been launched in 1970 and the former owner of said brand merged with the Complainant in 2019.<\/p>\n
2. It results from the Registrar verification that the current Registrant registered the disputed domain name on 9 April 2022. The language of the registration agreement is Chinese.<\/p>\n
3. According to the Complainant's undisputed allegations, the disputed domain name resolves to a commercial website which offers for sale and\/or advertises the sale of counterfeit and knockoff product infringing various intellectual property rights held by the Complainant.<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>", "no_response_filed": "
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "
The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "procedural_factors": "
The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>\n
Language of the administrative proceedings<\/u><\/p>\n
The Complainant requests for the proceedings to be administered in English language instead of Chinese, the language of the registration agreement.<\/p>\n
<\/p>\n
Paragraph 10 of the UDRP Rules vests the Panel with authority to conduct the proceedings in a manner it considers appropriate while also ensuring both that the parties are treated with equality, and that each party is given a fair opportunity to present its case. The Respondent did not reply to this request, since she did not actively participate at all in these proceedings<\/p>\n
Against this background, the Panel finds that the following arguments warrant proceeding in a language other than that of the registration agreement: <\/p>\n
(i) the content of the website to which the disputed domain n resolves, is written entirely in English. Therefore, it is reasonable to infer that the Respondent must have a good grasp of the English language such that he would be able to understand the language of the Complaint;<\/p>\n
(ii) all products offered on the Respondent’s website, are offered in USD, a currency which relates to an English speaking country;<\/p>\n
(iii) the website’s terms and service include a governing law clause based on the laws of the United States of America;<\/p>\n
(iv) the disputed domain name includes the term \"official\", which is an English term;<\/p>\n
(v) English is the business language and the generic Top-Level Domain (“gTLD”) “.com” is a supranational character; and<\/p>\n
(vi) taking into consideration that translating the Complaint and the annexes would cause significant expenses and delay while the Respondent is not participating in these proceedings.<\/p>\n
<\/p>\n
In the light of the above, the Panel decides English to be the language of the present proceedings.<\/p>", "decision": "Accepted", "panelists": [ "Tobias Malte Müller" ], "date_of_panel_decision": "2023-04-18 00:00:00", "informal_english_translation": "
The Complainant is the registered owner of several trademarks consisting of or containing the term \"CORELLE\" in several classes and in numerous countries all over the world. Reference is particularly made to national Chinese trademark registration no. 258707 \"CORELLE\", registered on 9 August 1986 for goods in class 21 (according to the Registrar verification, the Respondent resides in China). <\/p>", "decision_domains": { "corelleofficial.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }