DECISION

 

Yahoo Assets LLC v. Buchnev Vladislav

Claim Number: FA2309002060812

PARTIES

Complainant is Yahoo Assets LLC ("Complainant"), represented by Joseph C. Daniels-Salamanca of Kilpatrick Townsend & Stockton LLP, California, USA. Respondent is Buchnev Vladislav ("Respondent"), Russian Federation.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <aitechcrunch.com>, registered with Regional Network Information Center, JSC dba RU-CENTER.

 

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 Forum electronically on September 7, 2023. Forum received payment on September 7, 2023.

 

On September 11, 2023, Regional Network Information Center, JSC dba RU-CENTER confirmed by e-mail to Forum that the <aitechcrunch.com> domain name is registered with Regional Network Information Center, JSC dba RU-CENTER and that Respondent is the current registrant of the name. Regional Network Information Center, JSC dba RU-CENTER has verified that Respondent is bound by the Regional Network Information Center, JSC dba RU-CENTER registration agreement, which is in Russian, 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, 2023, Forum served the Complaint and all Annexes, including a Russian and English Written Notice of the Complaint, setting a deadline of October 4, 2023 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@aitechcrunch.com. Also on September 14, 2023, the Russian and English 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 formal response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.

 

On October 5, 2023, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.

 

RELIEF SOUGHT

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

 

PRELIMINARY ISSUE: LANGUAGE OF PROCEEDINGS

As noted, the Regional Network Information Center, JSC dba RU-CENTER registration agreement is in Russian. Pursuant to Rule 11(a), the language of the proceeding in relation to the <aitechcrunch.com> domain name shall be Russian unless otherwise determined by the Panel, having regard to the circumstances of the proceeding.

Complainant requests that the proceedings be conducted in English because the circumstances show that Respondent understands English and it would be cumbersome and costly for the U.S.-based Complainant to hold these proceedings in Russian.

Because Respondent's informal email to Forum mentioned below is in English, the Panel is satisfied that Respondent is fluent in English and determines that the remainder of the proceedings may be conducted in English.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant asserts that Respondent's <aitechcrunch.com> domain name is confusingly similar to Complainants TECHCRUNCH mark; that Respondent has no rights or legitimate interests in 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, by email to Forum on October 4, 2023, Respondent said, inter alia:

 

"After thorough consideration of the complaint and the matters raised therein, I have decided not to contest the allegations and to act cooperatively to resolve this matter without further legal proceedings."

 

FINDINGS

The Panel takes Respondent's email of October 4, 2023 to signify consent by Respondent to the transfer to Complainant of the <aitechcrunch.com> domain name. Under these circumstances the Panel considers it appropriate to order the transfer of the domain name without embarking on the traditional Policy 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 <aitechcrunch.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Alan L. Limbury, Panelist

Dated: October 6, 2023