Decisión del Panel Administrativo nº D2019-1758 of WIPO Arbitration and Mediation Center, November 01, 2019 (case Qatar National Tourism Council v. Teymur Mehdiyev)
| Resolution Date | November 01, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Qatar National Tourism Council, Qatar, represented by Bird & Bird LLP, United Kingdom.
The Respondent is Teymur Mehdiyev, Azerbaijan, represented by John Berryhill, Ph.d., Esq., United States of America (“US”).
The disputed domain name [visitqatar.com] (the “Disputed Domain Name”) is registered with Name.com, Inc. (Name.com LLC) (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 23, 2019. On July 24, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On July 24, 2019, 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.
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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 26, 2019. In accordance with the Rules, paragraph 5, the due date for Response was August 15, 2019. On August 13, 2019, pursuant to paragraph 5(b) of the Rules, the Respondent requested an automatic extension to the Response due date. The Response due date was extended to August 19, 2019, and the Response was filed with the Center on August 19, 2019.
On August 15 and 23, 2019, the Center received two unsolicited supplemental filings from the Complainant. For reasons appearing in the procedural order discussed below, the Panel will admit the first of these filings and parts of the second filing.
The Center appointed Nick J. Gardner, Alistair Payne, and Adam Taylor as panelists in this matter on September 3, 2019. 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.
On September 16, 2019, the Panel issued a procedural order (the “Procedural Order No. 1”) in the following terms:
“Background
The Panel has reviewed the case file.
The Complainant filed a supplemental filing on August 15, 2019 (the “First Supplemental Filing”). The Respondent commented on that filing in its Response. The Complainant filed a further supplemental filing on August 23, 2019 (the “Second Supplemental Filing”).
Order
The Panel considers that the material in the First Supplemental filing is relevant to the determination of this matter and accepts the Complainant’s representatives’ statement that they were not aware of it at the time the Complaint was filed. Given that the Respondent has commented on this filing in its Response, the Panel will admit the First Supplemental Filing.
The Panel considers that the material in the Second Supplemental Filing mainly comprises argument or commentary together with the citation of previous UDRP decisions. As such, the Panel does not consider it either necessary or appropriate to admit this material. However, the exceptions are paragraphs 27 to 29 of the Second Supplementary Filing, which provide further information and context concerning the emails that form Annexes 7 to 9 to the Complaint. The Panel considers these emails to be potentially relevant to matters at issue. Given the Parties’ different interpretations regarding the nature and circumstances of these emails, the Panel considers that the paragraphs in question assist in understanding the relevant context. The Panel will therefore admit those paragraphs. The Panel will however allow the Respondent to respond (if he wishes) in relation to these paragraphs (see below).
The Panel therefore allows the Respondent if he wishes to submit a supplemental filing responding to paragraphs 27 to 29 of the Second Supplemental Filing.
The Panel also requests that the Respondent provides copies of (1) the two emails referred to by the Respondent in the sentence, “I received your both emails which was sent to Mr. Abdullayev and Mr. Mickevičius (Affirming), they forwarded it to me as I[’]m actual owner of VisitQatar.com”, appearing in Annex 7 to the Complaint; and, (2) all emails (or other written communications) passing between the Respondent (or anyone else at STS International LLC) and Affirming Domain Brokerage concerning the Disputed Domain Name. The Respondent may, if he wishes, also include in any supplemental filing additional commentary or explanation about such emails.
The supplemental filing by the Respondent is to be provided by September 27, 2019. The due date for the Panel’s decision is extended to October 10, 2019”.
Pursuant to Procedural Order No. 1, the Respondent made a supplemental filing on September 27, 2018. The Panel will refer to this as the “Respondent’s First Supplemental Filing”. This prompted an email from the Complainant to the Center on September 30, 2018. Having reviewed that email, the Panel made the following Second Procedural Order on October 3, 2018 (Procedural Order No. 2):
“Background
The Panel issued Procedural Order No. 1 on September 16, 2019. Pursuant to that Order, the Respondent filed a supplemental filing and further evidence on September 27, 2018. On September 30, 2019, the Complainant sent an email to the Center the contents of which in substance amount to a further unsolicited supplementary submission and which was accompanied by additional evidence (the “Third Supplemental Filing”). The Panel considers that material in the Complainant’s Third Supplemental Filing is potentially relevant to matters in issue and is either responsive to matters raised by the Respondent in his supplemental filing or relates to recently available evidence, specifically as to the filing of a US trade mark application for Visit Seoul, filed on September 3, 2019.
Order
The Panel will admit the Third Supplemental Filing.
The Panel allows the Respondent to submit a further supplemental filing strictly limited to responding to matters in the Third Supplemental Filing. The supplemental filing by the Respondent is to be provided by October 14, 2019.
Remark concerning Supplemental Filings
The Panel wishes to remind the Parties that the above-described background, including the submission and admission of Supplemental Filings, is extending the normal Policy provision for a single round of pleadings, and that absent exceptional circumstances the Panel does not intend to entertain a further round of Supplemental Filings from the Parties”.
In accordance with Procedural Order No. 2, the Respondent lodged a supplemental filing on October 14, 2019. The Panel will refer to this as the “Respondent’s Second Supplemental Filing”. The Panel will admit this filing. On October 15, 2019, the Complainant lodged with the Center a Fourth Supplemental Filing and asked permission of the Panel for this to be admitted. On the same day, the Respondent asked for permission to reply to this filing. On October 16, 2018, the Center, at the Panel’s request, communicated to the Parties that the Panel would not admit the Complainant’s Fourth Supplemental Filing and there was no need for the Respondent to reply. The Panel declines to admit this material for three reasons: first, in the interests of finality – it appeared likely there would be never ending exchange of materials; second, because the material in question seemed to be largely argument or commentary; and third, because to the extent it contained anything new that could have been introduced earlier.
The Panel will preface its discussion of the factual position by noting that the way in which this case has developed with multiple supplemental filings (see above) has resulted in a small mountain of paper and significant disputes between the parties as to factual matters and the inferences to be drawn from those matters. The Panel also notes that proceedings under the UDRP are not well suited to resolving contested factual issues, lacking mandatory discovery, oral evidence, and cross examination. The Panel nevertheless has to do the best it can with the material that is before it. The Panel approaches this case by setting out in this section certain basic factual matters about which there appears to be no dispute. It will then set out in the discussion below facts asserted by either party but which are not necessarily agreed. In its discussion below it will then indicate its conclusions in relation to the factual position as it finds it, including any inferences it considers appropriate to draw based on: (1) the factual material as presented; and (2) any factual evidence which it would have expected to have formed part of either party’s case but which has not been provided. The Panel also notes that relevant material has emerged piecemeal in the series of filings that have occurred (see above). The Panel does not propose to separate its analysis by reference to each filing as that would make this decision very difficult to follow. It will simply present the totality of the material in a logical order. This nevertheless still results in a decision of significant length.
Qatar is a country located on the north-eastern coast of the Arabian peninsula. The Complainant is its national tourism authority. Its role is typical of such bodies, namely to promote the country as an attractive destination for visitors.
The Respondent is an individual based in Azerbaijan.
An Azerbaijan company called “STS...
To continue reading
Request your trial