Vidorreta, S.L.U. v. JOSÉ Mª VIDORRETA JORDA
Claim Number: FA1805001784987
Complainant is Vidorreta, S.L.U. (“Complainant”), represented by Jose Vidorreta Jimenez, La Rioja, Spain. Respondent is JOSÉ Mª VIDORRETA JORDA (“Respondent”), Spain.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <vidorreta.com>, registered with Acens Technologies, S.L.U.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.
Debrett G. Lyons as Panelist.
Complainant submitted a Complaint to the Forum electronically on May 4, 2018; the Forum received payment on May 4, 2018.
On May 7, 2018, Acens Technologies, S.L.U. confirmed by e-mail to the Forum that the <vidorreta.com> domain name is registered with Acens Technologies, S.L.U. and that Respondent is the current registrant of the name. Acens Technologies, S.L.U. has verified that Respondent is bound by the Acens Technologies, S.L.U. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On May 15, 2018, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 4, 2018 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@vidorreta.com. Also on May 15, 2018, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On June 6, 2018, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Debrett G. Lyons as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant asserts trademark rights in VIDORRETA and alleges that the disputed domain name is identical to its trademark.
Complainant alleges that Respondent has no rights or legitimate interests in the disputed domain name.
Complainant alleges that Respondent registered and used the disputed domain name in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding.
The factual findings pertinent to the decision in this case are that:
1. Complainant is a Spanish company;
2. Complainant is represented by a Spanish law firm;
3. according to WhoIs data, Respondent is from Barcelona;
4. the Registrar is located in Spain;
5. the Registration Agreement is in Spanish; but
6. the Complaint was filed in English;
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
The Spanish language Registration Agreement dictates that Spanish be the language of these proceedings. Nonetheless, the Panel has the discretion under Rule 11(a) to determine the appropriate language of the proceedings taking into consideration the particular circumstances of the case.
Complainant has alleged that UDRP proceeding are “normally” conducted in the English language. It goes on to state that “Spanish would be more suitable for us” but the Complaint was filed in English “hoping it to be more respectful for all the parties”. It states that it “would not feel uncomfortable to set all the documents in Spanish.”
Both parties appear to be Spanish and located in Spain. There has been no communication from Respondent indicating its ability in English. It is to be assumed that the pre-Complaint correspondence referred to by Complainant was made in Spanish. The Panel cannot see any reason to exercise its discretion under Rule 11 so as to continue the proceedings in English. Complainant has no objection.
For these reasons the Complaint is DENIED. Accordingly, it is Ordered that the <vidorreta.com> domain name REMAIN WITH Respondent.
If Complainant wishes to have the matter reconsidered, a Complaint should be filed afresh in Spanish.
Debrett G. Lyons, Panelist
Dated: June 12, 2018
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