The Complainant, Advance Magazine Publishers Inc., is one of the world’s most successful magazine publishers. Through its unincorporated division - The Condé Nast Publications Inc. (hereinafter Condé Nast), the Complainant publishes well known magazines such as Vogue, Glamour, The New Yorker, Self, Vanity Fair and GQ. Condé Nast’s magazines have an established internet presence and the company operates, with its affiliates, several popular websites that incorporate content from many of its magazines. <\/p>\n
The U.S. edition of Vogue has been reported to reach over 11 million monthly readers in print and 13 million unique users on the digital site. The domain name <vogue.com> has been used by the Complainant for the purposes of an official website from as early as the year 2000. <\/span><\/p>\n In addition to the US and UK editions, Vogue is published through the Complainant’s subsidiaries or through local licensees in various countries. These include India, France, Germany, Spain, Brazil, Italy, Greece, Portugal, Russia, Korea, Taiwan, Thailand, Japan, Australia, Latin America, Turkey and China. <\/span><\/p>\n The disputed domain name <voguetop.com> has a date of registration by the Respondent of May 21, 2008.<\/p>\n The Complainant alleges that disputed domain names infringed its rights in accordance with relevant UDRP policies and rules.<\/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 Complainant requests that the language of this administrative proceeding be English pursuant to UDRP Rule 10(b): “In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.” The language of the Registration Agreement of the disputed domain name is Chinese.<\/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, the Complainant tried to request change of languages of proceedings in light of Chinese language Registration Agreement by showing that 1) the disputed domain name is in English, showing that the Respondent has certain level of English knowledge; 2) the translation of the Complaint would unfairly disadvantage and burden the Complainant and delay the proceedings and adjudication of this matter.<\/p>\n 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 Respondent was notified about the ongoing proceedings in Chinese language), the Panel will proceed to issue the decision in English.<\/p>",
"decision": "Accepted",
"panelists": [
"Carrie Shang"
],
"date_of_panel_decision": "2024-09-10 00:00:00",
"informal_english_translation": " The Complainant owns over 1,000 trade mark registrations for the mark VOGUE<\/span> in connection with magazines and online publications and distribution of information worldwide.<\/span> These include registrations covering the United States, United Kingdom, Europe as well as China (the latter being the registration location of the Respondent).<\/span><\/p>",
"decision_domains": {
"voguetop.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}