{ "case_number": "CAC-UDRP-106677", "time_of_filling": "2024-10-08 09:16:42", "domain_names": [ "orangewave.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Răzvan Radu" ], "complainant_representative": null, "respondent": [ "Yunsung Lee" ], "respondent_representative": null, "factual_background": "

The disputed domain name, registered on April 17, 2002, is currently for sale. The Respondent did not respond to the Complainant’s cease and desist email of July 11, 2024.<\/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": "

COMPLAINANT:<\/p>\n

(i) The Complainant holds rights in the ORANGE WAVE and ORANGE WAVE logo marks as outlined in “Identification of Rights.” The disputed domain name is identical to the Complainant's marks. <\/p>\n

(ii) The Respondent has no rights or legitimate interests in the disputed domain name, as it is parked. <\/p>\n

(iii) The Respondent registered and is using the disputed domain name in bad faith. The domain has been listed for sale for over 20 years and remains for sale. The Respondent did not reply to the Complainant’s cease and desist email dated July 11, 2024. <\/p>\n

RESPONDENT:<\/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 Panel refrains from making a determination on this issue because the Complainant has not provided sufficient evidence to demonstrate that the disputed domain name was registered and is being used in bad faith, as defined in paragraph 4(a)(iii) of the Policy.<\/p>", "bad_faith": "

The Complainant has not demonstrated that the disputed domain name was registered and is being used in bad faith, as required under paragraph 4(a)(iii) of the Policy.<\/p>", "procedural_factors": "

Preliminary Issue: Language of the Proceedings<\/strong><\/p>\n

The Panel notes that the Registration Agreement is in Korean, making Korean the default language of the proceedings. However, the Complainant has requested that the proceeding be conducted in English. Under UDRP Rule 11(a), the Panel has discretion to determine the appropriate language of proceedings, considering the specific circumstances. See Section 4.5, WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition<\/em>; see also Lovehoney Group Limited v yan zhang<\/em>, CAC 103917 (CAC August 17, 2021) (where proceedings were conducted in English despite the registration agreement specifying Japanese as the required language). The Panel notes that (i) English is a neutral language; and (ii) the disputed domain name and all content on its resolving website are in English, suggesting that the Respondent has sufficient knowledge of English for these proceedings. Under UDRP Rule 11(a), the Panel finds the Complainant’s argument persuasive. After reviewing the case circumstances, and in the absence of a Response or any objection to the Complainant's request, the Panel decides that English will be the language of the proceeding. <\/p>\n

The Panel is satisfied that all other procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>", "decision": "Rejected", "panelists": [ "Mr. Ho-Hyun Nahm Esq." ], "date_of_panel_decision": "2024-11-01 00:00:00", "informal_english_translation": "

The Complainant owns the ORANGE WAVE and ORANGE WAVE logo trademarks, including:<\/p>\n