Taboola.com Ltd. v. heng zong he
Claim Number: FA2301002026800
Complainant is Taboola.com Ltd. (“Complainant”), represented by Jessica Galluccio of Taboola.com Ltd., Israel. Respondent is heng zong he (“Respondent”), China.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <tabooladies.com>, (‘the Domain Name’) registered with Gname 025 Inc.
The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Panelist in this proceeding.
Dawn Osborne as Panelist.
Complainant submitted a Complaint to Forum electronically on January 9, 2023; Forum received payment on January 9, 2023.
On January 12, 2023, Gname 025 Inc confirmed by e-mail to Forum that the <tabooladies.com> Domain Name is registered with Gname 025 Inc and that Respondent is the current registrant of the name. Gname 025 Inc has verified that Respondent is bound by the Gname 025 Inc 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 January 13, 2023, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 2, 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 firstname.lastname@example.org. Also on January 13, 2023, 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, Forum transmitted to the parties a Notification of Respondent Default.
On February 10, 2023 pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Dawn Osborne 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.
Complainant requests that the Domain Name be transferred from Respondent to Complainant.
PRELIMINARY ISSUE: LANGUAGE OF PROCEEDING
Pursuant to UDRP Rule 11(a), the Panel finds that Complainant has failed to produce sufficient evidence demonstrating that Respondent has the capacity to understand the English language, which, if adopted as the language of the proceedings, would fail to comport with the Chinese language requirement in the available Registration Agreement and result in substantial prejudice towards Respondent. Therefore, the language of the proceedings should continue in Chinese.
Accordingly, it is Ordered that this Complaint be recommenced/translated into Chinese.
Dawn Osborne, Panelist
Dated: February 10, 2023
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