Decisión del Panel Administrativo nº D2013-0142 of WIPO Arbitration and Mediation Center, March 26, 2013 (case Aktiebolaget Electrolux (AB Electrolux) v. Pedro Cabrera, Servielectrolux)
| Resolution Date | March 26, 2013 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Aktiebolaget Electrolux (AB Electrolux) of Stockholm, Sweden, represented by Melbourne IT Digital Brand Services, Sweden.
The Respondent is Pedro Cabrera, Servielectrolux of Caracas, Bolivarian Republic of Venezuela.
The disputed domain name [servielectrolux.com] is registered with Dattatec.com de Irazoqui Veronica Palmira (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 22, 2013. On January 22, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 7, 2013, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details (also see Section 7).
On February 7, 2013, the Center transmitted the language of the proceedings document to the parties in both English and Spanish. On February 7, 2013, the Complainant requested English to be the language of the proceedings. The Respondent did not submit its comments.
The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified (by email and written notice by courier to the WhoIs address but not delivered due to incomplete address) the Respondent of the Complaint, and the proceedings commenced on February 15, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response was March 7, 2013. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 8, 2013.
The Center appointed Manuel Moreno-Torres as the sole panelist in this matter on March 18, 2013. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
According to paragraph 11 of the Rules: “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.”
Thus, the language of the proceeding should generally be the language of the Registration Agreement, that is to say, Spanish. However, the Complainant has requested for English to be the language of the proceeding. Under the circumstances, the Center notified the Complaint to the Respondent both in English and Spanish, provided the Respondent an opportunity to file is response in either English or Spanish, however the Respondent has failed to submit a response.
In this case, the Panel finds the Respondent’s default is evidence of his lack of interest in this administrative proceeding and its outcome. The goal of paragraphs 10(b) and 11 of the Rules taken together is to guarantee fairness in language issues by giving full consideration to the parties. Therefore, the Panel agrees that under the circumstances English be the language of the proceeding and that the decision be rendered in English.
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