MOLCHANOV DMITRIY v. Dsaf Sdafsad / Sadfsad Dsa Fsadf
Claim Number: FA1810001810842
Complainant is MOLCHANOV DMITRIY (“Complainant”), Russia. Respondent is Dsaf Sdafsad / Sadfsad Dsa Fsadf (“Respondent”), Turkey.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <ceramicpro.site>, registered with Nics Telekomunikasyon A.S.
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 October 9, 2018; the Forum received payment on October 9, 2018.
On October 10, 2018, Nics Telekomunikasyon A.S. confirmed by e-mail to the Forum that the <ceramicpro.site> domain name is registered with Nics Telekomunikasyon A.S. and that Respondent is the current registrant of the name. Nics Telekomunikasyon A.S. has verified that Respondent is bound by the Nics Telekomunikasyon A.S. 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 October 30, 2018, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of November 19, 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@ceramicpro.site. Also on October 30, 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 November 21, 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’s contentions need not be set out here since the Panel has found that the Complaint should be refiled.
B. Respondent
Respondent failed to submit a Response.
The only findings required of the Panel in this instance are that:
(i) Complainant asserts without supporting material that the website resolving from the disputed domain name is presented in both English and Arabic;
(ii) the Panel visited the resolving website and found that, aside from pictorial matter, the text is entirely in Arabic but for two English language phrases, “Free Returns” and “Cash on Delivery”.
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 Registration Agreement is in the Turkish language. Pursuant to Rule 11(a), the language of the proceedings is Turkish. Whilst the Panel has discretion under Rule 11 to allow the proceedings to continue in another language, here the Panel is not presented with any evidence which either shows or might reasonably infer that Respondent is competent in English, the language in which the Complaint has been filed. Complainant’s assertion that Respondent is competent in English because the resolving website is in English and Arabic is unfounded.
The Panel finds that the Complaint should be refiled in the Turkish language.
Relief is DENIED and the <ceramicpro.site> domain name is to REMAIN WITH Respondent. A Complaint should be filed in the Turkish language.
Debrett G. Lyons, Panelist
Dated: November 22, 2018
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