DECISION

 

Cisco Technology, Inc. v. Eugene Olexandrovych Oseredko

Claim Number: FA2011001923275

 

PARTIES

Complainant is Cisco Technology, Inc. (“Complainant”), represented by Sharon R. Smith of Morgan, Lewis & Bockius LLP, California, USA. Respondent is Eugene Olexandrovych Oseredko (“Respondent”), Ukraine.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <ciscobu.com>, registered with Internet Invest, Ltd. dba Imena.ua.

 

PANEL

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.

 

Alan L. Limbury, as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the Forum electronically on November 30, 2020.The Forum received payment that day.

 

On December 1, 2020, Internet Invest, Ltd. dba Imena.ua confirmed by e-mail to the Forum that the <ciscobu.com> domain name is registered with Internet Invest, Ltd. dba Imena.ua and that Respondent is the current registrant of the name. Internet Invest, Ltd. dba Imena.ua has verified that Respondent is bound by the Internet Invest, Ltd. dba Imena.ua 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 December 11, 2020, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint in Ukrainian, setting a deadline of December 31, 2020 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@ciscobu.com. Also on December 11, 2020, the Ukrainian 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 in English was received and determined to be complete on December 30, 2020.

 

On January 4, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury as Panelist.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PRELIMINARY ISSUE: LANGUAGE OF PROCEEDINGS

Under Rule 11(a), unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.

 

Here, although the language of the Registration Agreement is Ukrainian, both the Complaint and the Response are in English. Under these circumstances the Panel determines that the proceedings shall be conducted in English.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant develops and sells a range of technological hardware and software. Complainant has rights in the CISCO mark through registrations with the United States Patent and Trademark Office. (e.g. Reg. 1,542,339, registered June 6, 1989). Respondent’s <ciscobu.com> domain name is confusingly similar to Complainant’s CISCO mark.

 

Respondent lacks rights and legitimate interests in the <ciscobu.com> domain name, which was registered and is being used in bad faith.

 

B. Respondent

Respondent did not intend to abuse the CISCO mark. Respondent does not intend to use the <ciscobu.com> domain name further and consents to transfer the <ciscobu.com> domain name to Complainant.

 

FINDINGS

In light of Respondent’s consent to the transfer of the <ciscobu.com> domain name to Complainant, the Panel considers it appropriate to order the transfer of the domain name without embarking on the traditional UDRP analysis. See Disney Enters., Inc. v. Morales, FA 475191 (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

Respondent having consented to the transfer of the domain name to Complainant, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <ciscobu.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Alan L. Limbury, Panelist

Dated:  January 5, 2021