Universal Protein Supplements Corporation d/b/a Universal Nutrition v. Kleber Amaral da Silva
Claim Number: FA1304001493691
Complainant is Universal Protein Supplements Corporation d/b/a Universal Nutrition (“Complainant”), represented by Matthew Ciesielski of Marshall, Gerstein & Borun LLP, Illinois, USA. Respondent is Kleber Amaral da Silva (“Respondent”), Brazil.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <animalpakuniversal.net>, registered with UNIVERSO ONLINE S/A (UOL).
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
Eduardo Machado as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on April 8, 2013; the National Arbitration Forum received payment on April 8, 2013.
On April 10, 2013, UNIVERSO ONLINE S/A (UOL) confirmed by e-mail to the National Arbitration Forum that the <animalpakuniversal.net> domain name is registered with UNIVERSO ONLINE S/A (UOL) and that Respondent is the current registrant of the name. UNIVERSO ONLINE S/A (UOL) has verified that Respondent is bound by the UNIVERSO ONLINE S/A (UOL) 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 April 10, 2013, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 30, 2013 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@animalpakuniversal.net. Also on April 10, 2013, 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.
A timely Response was received and determined to be complete on April 25, 2013.
On May 06, 2013, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Eduardo Machado as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration 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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
LANGUAGE OF PROCEEDINGS
In this case, although the language of the proceedings should have been in Portuguese as stipulated in the Rules, the discretion of the Panel is called upon to allow, under paragraph 11 of the UDRP Rules, the proceedings to be in English on the following grounds:
(a) It is apparent from the previous communications exchanged between the Respondent and the Case Coordinator that Respondent has sufficient ability to communicate in the English language.
(b) The Complainant, on the other hand, is not able to communicate in Portuguese and therefore, if the Complaint had to be submitted in Portuguese, the administrative proceedings would be unduly delayed and the Complainant would have to incur substantial translation costs.
The Panel is satisfied that the circumstances in this case justify a departure from the general rule that the proceedings should be in the language of the registration agreement. It is evident that the Respondent is capable of understanding and communicating in English and would not be prejudiced by the proceedings being in the English language.
The Panel therefore determines that the proceedings should be in the English language.
PRELIMINARY ISSUE
Respondent does not contest any of Complainant’s allegations regarding the <animalpakuniversal.net> domain name. Rather, in Respondent’s communication dated April 10, 2013, Respondent has agreed to transfer the disputed domain name to Complainant. Where Respondent has consented to the transfer of the disputed domain name, the Panel may decide to forego the traditional UDRP analysis and order the immediate transfer of the domain name. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat Arb. Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).
DECISION
The Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <animalpakuniversal.net> domain name be TRANSFERRED from Respondent to Complainant.
Eduardo Machado, Panelist
Dated: May 20, 2013
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