Decisión del Panel Administrativo nº D2010-2035 of WIPO Arbitration and Mediation Center, February 09, 2011 (case Société Pages Jaunes v. Markus Weiler, International Yellow Pages, Ltd.)

Resolution DateFebruary 09, 2011
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Société PagesJaunes v. Markus Weiler, International Yellow Pages, Ltd.

Case No. D2010-2035

1. The Parties

The Complainant is Société PagesJaunes of Sèvres Cedex, France, represented by DS Avocats, France.

The Respondent is Markus Weiler, International Yellow Pages, Ltd., of London, United Kingdom of Great Britain and Northern Ireland.

2. The Domain Name and Registrar

The disputed domain name [pagesjaunes.pro] is registered with Gandi SARL.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 24, 2010. On November 24, 2010, the Center transmitted by email to Gandi SARL a request for registrar verification in connection with the disputed domain name. On November 24, 2010, Gandi SARL transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. 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 the Respondent of the Complaint, and the proceedings commenced December 6, 2010. In accordance with the Rules, paragraph 5(a), the due date for Response December 26, 2010. The Response was filed with the Center December 6, 2010.

The Center appointed Richard Hill, Nathalie Dreyfus and François Dessemontet as panelists in this matter on January 31, 2011. 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.

The Complaint was submitted in French, even though the Registry Agreement is in English, and the Complainant requests that the proceedings be conducted in French, because the principal of the Respondent resides in France, is fluent in French, and has participated in numerous proceedings in French courts; and because the registrar is a French company, as is the Complainant.

The Respondent has submitted its communications in English. From the record, it is clear that the principal of the Respondent is fluent in French.

According to 11(a) 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.

In the present case, the registration agreement is in English, and the parties have not agreed to use some other language. The Panel does not find that the Complainant’s arguments are sufficient to justify a decision to proceed in French. Therefore the Panel decides that the proceedings will take place in English.

According to 11(b) of the Rules, the Panel may order that any documents submitted in languages other than the language of the administrative proceeding be accompanied by a translation in whole or in part into the language of the administrative proceeding. Since the Respondent is fluent in French, and since all three panelists are also fluent in French, the Panel holds that it is not necessary to order the translation of any documents; in particular, the Panel holds that it is not necessary to translate the Complaint.

4. Factual Background

The Complainant owns numerous trademarks for the term âPages Jaunesâ and uses them to provide professional directory...

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