Medline Industries, Inc. v. Cong Ty TNHH Duoc Pham Tim / Ty TNHH Duoc Pham Tim
Claim Number: FA2109001962832
Complainant is Medline Industries, Inc. (“Complainant”), represented by Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Illinois, USA. Respondent is Cong Ty TNHH Duoc Pham Tim / Ty TNHH Duoc Pham Tim (“Respondent”), Vietnam.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <medlinethailand.site>, registered with GMO Internet, Inc. d/b/a Onamae.com.
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.
Complainant submitted a Complaint to the Forum electronically on September 8, 2021. The Forum received payment on September 8, 2021. The Complaint was received in English.
On September 9, 2021, GMO Internet, Inc. d/b/a Onamae.com confirmed by e-mail to the Forum that the <medlinethailand.site> domain name is registered with GMO Internet, Inc. d/b/a Onamae.com and that Respondent is the current registrant of the name. GMO Internet, Inc. d/b/a Onamae.com has verified that Respondent is bound by the GMO Internet, Inc. d/b/a Onamae.com registration agreement, which is in Japanese, 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 September 14, 2021, the Forum served the English language Complaint and all Annexes, including a Japanese and English language Written Notice of the Complaint, setting a deadline of October 4, 2021 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@medlinethailand.site. Also on September 14, 2021, the Japanese and English language 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 October 8, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury 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.
Preliminary Issue: Language of Proceeding
As noted, the GMO Internet, Inc. d/b/a Onamae.com registration agreement is in Japanese. Pursuant to Rule 11(a), the language of the proceeding shall be Japanese unless otherwise determined by the Panel, having regard to the circumstances of the proceeding.
Complainant submits that the proceeding should be conducted in English because the <medlinethailand.site> domain name comprises English words. Hence it is likely Respondent can communicate in English. To translate the Complaint into Japanese would be unduly burdensome for Complainant but not prejudicial for Respondent. In the absence of any Response, the Panel accepts that Respondent is likely to be proficient in English and that there would be no undue prejudice to Respondent if English were the language of the proceeding.
Further, pursuant to Rule 11(a), the Panel determines that the language requirement has been satisfied through the English and Japanese language Written Notice of the Complaint and, absent a Response, determines that the remainder of the proceedings may be conducted in English.
A. Complainant
Complainant says the <medlinethailand.site> domain name is confusingly similar to Complainant’s MEDLINE registered trademark and that Respondent has no rights or legitimate interests in respect of the domain name, which was registered and is being used in bad faith.
B. Respondent
Respondent failed to submit a formal Response in this proceeding. However, in an email to the Forum on September 15, 2021, Respondent stated that he has no desire to dispute the domain name; that he bought it by accident; and that, if Complainant wants to own the domain name, Respondent will give it up.
FINDINGS
The Panel takes Respondent’s email of September 15, 2021 to signify consent by Respondent to the transfer to Complainant of the <medlinethailand.site> domain name. Under these circumstances 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 <medlinethailand.site> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: October 11, 2021
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