Decisión del Panel Administrativo nº D2014-1099 of WIPO Arbitration and Mediation Center, September 15, 2014 (case Nelson Stud Welding, Inc. v. Ernesto Claudio Durazo Ortiz, Rooster Steel Manufacturing SA de CV)
Resolution Date | September 15, 2014 |
Issuing Organization | WIPO Arbitration and Mediation Center |
Decision | Transfer |
Dominio | Generic Domains |
The Complainant is Nelson Stud Welding, Inc. of Elyria, Ohio, United States of America (the "USA"), represented by Clark Hill PLC, USA.
The Respondent is Ernesto Claudio Durazo Ortiz, Rooster Steel Manufacturing SA de CV of Mexico D.F, Mexico.
The disputed domain name [pernosnelson.com] is registered with Interplanet, S.A. de C.V. (the "Registrar").
The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the "Center") on June 24, 2014. On June 25, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 27, July 7 and 15, 2014, 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 4, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was August 24, 2014. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on August 25, 2014.
The Center appointed Alejandro Garcia as the sole panelist in this matter on September 1, 2014. 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.
As a preliminary issue, according to information that the Center received from the Registrar, the language of the registration agreement for the disputed domain name is Spanish. Accordingly, the Center requested that the Complainant: 1) provide satisfactory evidence of an agreement between the Complainant and the Respondent to the effect that the proceedings should be in English; or 2) submit the Complaint translated into Spanish; or 3) submit a request for English to be the language of the administrative proceedings.
The Complainant pursued the third option and, on July 23, 2014, it submitted a request for English to be the language of the administrative proceedings. In summary, the Complainant contends that these proceedings should be conducted in English because: 1) the registration agreement obtained by the Complainant is in English, which would evidence that both the Registrar and the Respondent had an understanding of the English language and therefore they have evidenced an ability to communicate in English; and 2) if the proceedings...
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