{ "case_number": "CAC-UDRP-105214", "time_of_filling": "2023-03-23 14:43:51", "domain_names": [ " upworkmedia.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Upwork Inc. " ], "complainant_representative": "c\/o Jonathan Matkowsky (Microsoft Corporation)", "respondent": [ "Leo Svedman" ], "respondent_representative": null, "factual_background": "

The Complainant, Upwork Inc., operates a freelancing platform at <upwork.com> that connects businesses with independent talent. In 2022, the Complainant was listed in the TIME100 Most Influential Companies, which reported that the Complainant had nearly 800,000 clients. <\/span><\/p>\n

The Complainant is the owner of the registered word marks for UPWORK in several classes since 2015. <\/span><\/p>\n

The disputed domain name <upworkmedia.com> has been registered on September 19, 2022, and appears to resolve to a website under construction mentioning services such as design, marketing and e-commerce. <\/span><\/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": "

The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n

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

Procedural issue: Language of proceedings<\/b><\/p>\n

Pursuant to the Rules, Paragraph 11, in the absence of an agreement between 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.<\/p>\n

According to information received from the Registrar, the language of the registration agreement for the disputed domain name is Swedish. The Complainant requests that the language of the proceedings is English.<\/p>\n

Previous UDRP panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement. Such scenarios include:<\/p>\n

- evidence showing that the respondent can understand the language of the complaint;<\/p>\n

- potential unfairness or unwarranted delay in ordering the complainant to translate the complaint;<\/p>\n

- other indicia tending to show that it would not be unfair to proceed in a language other than that of the registration agreement.<\/p>\n

The Panel notes that the disputed domain name is composed exclusively of English words and that the website linked to the disputed domain name, albeit under construction, has English content. In addition, in view of the absence of any Response or other communication from the Respondent, the Panel finds that it would be a disadvantage for the Complainant to be forced to translate the Complaint. For these reasons and given the circumstances of this case as further explained below, the Panel determines that the language of the proceedings is English.<\/p>", "decision": "Accepted", "panelists": [ "Flip Petillion" ], "date_of_panel_decision": "2023-05-22 00:00:00", "informal_english_translation": "

The Complainant is the holder of numerous registered trademarks including the following: <\/span><\/p>\n