The Complainant alleges that the domain name \"doncastercable.com\" is substantially similar to its registered trademark, \"Doncaster Cables,\" and the use of it is causing confusion among consumers, diluting the distinctive qualities of its brand, and infringing upon its intellectual property rights.<\/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 not, 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 not, 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 not, 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": "
Pursuant to UDRP Rule 11(a): 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. The Complainant did not make any specific request in light of the potential Chinese language Registration Agreement of the disputed domain name involved at this Complaint, but provided Chinese language translation of the its arguments as submitted to “factual and legal grounds”.<\/p>\n
Paragraph 10 of the UDRP Rules vests a 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. UDRP panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement. Such scenarios were summarized into WIPO Jurisprudential Overview 3.0, 4.5.1. In this particular instance, 1) The dispute domain names consist of cognizable English language terms; 2) the contents of the website resolved to by the disputed domain name include complex English terms and English descriptions of Doncaster wiring products, demonstrating the registrants’ adequate knowledge of the English language; (3) Chinese translations of the main arguments were included in the Complaint. In light of the scenarios and equity, the Panel is of the view that conducting the proceeding in English is unlikely to heavily burden the Respondent, and it is likely that the Respondent can understand the English language based on a preponderance of evidence test. Without further objection from the Respondent on the issue, the Panel will proceed to issue the decision in English.<\/p>", "decision": "Rejected", "panelists": [ "Carrie Shang" ], "date_of_panel_decision": "2023-10-22 00:00:00", "informal_english_translation": "
The Complainant has not explicitly identified any right related to its ownership and\/or possession of any trademark related to the disputed domain name <doncastercable.com>. Inferred from the complaint and its attached annex, the complainant is the owner of the registered trademark \"Doncaster Cables\" in the United Kingdom (trademark UK00002409449 Doncaster Cables). But it is unclear from the Complaint itself whether such trademark rights were acquired in other jurisdictions.<\/p>", "decision_domains": { "doncastercable.com": "REJECTED" }, "panelist": null, "panellists_text": null }