Decisión del Panel Administrativo nº D2015-1056 of Tribunal Arbitral de la OMPI, September 28, 2015 (case Nexans S.A. v. Mr. Edip Özdemir / MXN Kablo San. Tic. Ltd. Sti.)
|Defense:||Mr. Edip Özdemir / MXN Kablo San. Tic. Ltd. Sti.|
|Resolution Date:||September 28, 2015|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
1.1 The Complainant is Nexans S.A. of Paris, France, represented by Deris Attorneys at Law Partnership, Turkey.
1.2 The Respondent is Mr. Edip Özdemir of Istanbul, Turkey / MXN Kablo San. Tic. Ltd. Sti. of Istanbul, Turkey, represented by Net Koruma Danismanlik Hizmetleri, Turkey.
2.1 The disputed domain name [meksankablo.com] (the “Domain Name”) is registered with Nics Telekomünikasyon Ticaret Ltd. Sti. (the “Registrar”).
3.1 The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 19, 2015. On June 19, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On June 22, 2015, 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. It is confirmed that the language of the relevant registration agreement for the Domain Name was Turkish. In an email from the Center to the Complainant dated June 24, 2015 the Center pointed out to the Complainant that under paragraph 11 of the Rules that in absence of agreement between the parties, the language of these proceedings was Turkish. It, therefore, invited the Complainant either to (a) provide evidence of an agreement as to language; (b) submit the Complaint translated into Turkish; or (c) submit a request that English be the language of these proceedings. On June 26, 2015 the Complainant submitted the translated version of its Complaint into Turkish.
3.2 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”).
3.3 In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced July 1, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response July 21, 2015. The Response was filed with the Center in Turkish on July 21, 2015.
3.4 On August 26, 2015, the Complainant submitted a supplemental filing in these proceedings in Turkish. On September 4, 2015, the Respondent voluntarily filed a translation of its Response into English.
3.5 The Center appointed Matthew S. Harris, Dilek Ustun Ekdial and Luca Barbero as panelists in this matter on September 4, 2015. The Panel finds that it was properly constituted. Each member of 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.
3.6 On September 8, 2015, the Panel having reviewed the case file issued a Procedural Order in which it designated English as the language of these proceedings for the reasons set out in the recitals to the Procedural Order. The Order invited submissions from the parties as the choice of language and reserved the right on review of such submissions to re-designate Turkish as the language of proceedings. It also invited the Complainant, if it still sought to rely upon the contents of its supplemental filing dated August 26, 2015, to set out in a short explanation why that supplemental filing should be admitted into these proceedings in light of the commentary in [section 4.2] of the [WIPO Overview of WIPO Panel Views on Selected UDRP Questions], Second Edition (“WIPO Overview 2.0”). No submission was filed by either party in relation to the issue of the language of these proceedings. Further, the Complainant did not file any explanation addressing the question of why its supplemental filing dated August 26, 2015 should be admitted in these proceedings.
3.7 On September 11, 2015 the Respondent filed a supplemental filing in these proceedings in English but with an exhibit in Turkish.
3.8 On September 18, 2015 the Panel requested that the Center inform the parties that the Panel had extended the date for a filing of its decision in this matter to September 27, 2015.
4.1 The Complainant is based in France and is part of a group of companies engaged in the power transmission and distribution, energy resources, transportation and building business sectors. It has a presence in 40 countries and commercial activities worldwide, employing close to 26,000 people and generating sales in 2014 of Euro 6.4 billion. Part of that business involves the supply of cables and cable related accessories.
4.2 The term “Nexans” has been used by the Complainant’s Turkish affiliate as part of its name since 1986.
4.3 The Complainant is the owner of various trade...
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