Disputed Domain names. On November 18, 2014, REG.RU LLC transmitted by email to
the Center its verification response confirming that the Respondent is listed as the
registrant, providing his contact details and informing that the registrar and the Respondent
did not enter into a written Registration Agreement. On November 26, 2014, the Center
transmitted by email to REG.RU LLC a request to confirm language of the Registration
Agreement. On December 1, 2014, the registrar notified the Center that the language of the
Registration Agreement was Russian.
On November 19, 2014, eNom, Inc. transmitted by email to the Center its verification
response confirming that the Respondent is listed as the registrant and providing his
identical contact details. A copy of the eNom, Inc’s Registration Agreement on file shows
that the language of the Registration Agreement is English.
On November 20, 2014, Regtime Ltd. transmitted by email to the Center its verification
response confirming that the Respondent is listed as the registrant, providing his contact
details and informing that the language of the Registration Agreement is Russian.
The Center verified that the Complaint satisfied the formal requirements of the Uniform
Domain Name Dispute Resolution Policy (the “UDRP”), the Rules for Uniform Domain
Name Dispute Resolution Policy (the “Rules”), and the Centre’s Supplemental Rules for
Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
Under Paragraphs 2(a) and 4(a) of the Rules, the Center formally notified the Respondent
of the Complaint, and the proceedings commenced on December 2, 2014. Under Paragraph
5(a) of the Rules, the due date for filing a Response by the Respondent was December 22,
2014. The Respondent submitted no response by this deadline date. The Center notified the
Respondent of its default on December 23, 2014.
The Center appointed Olga Zalomiy as the sole panelist in this matter on December 30,
2014. The Panel finds 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. The Panel is proficient in both the
English and the Russian languages.
3.
Factual background
The Complainant is a global leader in e-commerce. It operates its business through several
subsidiaries and affiliates (the “Alibaba Group”). In May 2003, Alibaba Group founded the
brand TAOBAO at “www.taobao.com,” a Chinese language consumer-to-consumer
("C2C") Internet retail platform, focused on Chinese consumers. In the last ten years, its
C2C platform operated by Alibaba Group under the TAOBAO brand ("Taobao
Marketplace") has grown to become one of China's largest online retail platforms and the
primary online shopping destination in China. The Complainant owns numerous trademark
registrations in the TAO and TAOBAO trademarks around the world (the “TAOBAO
trademarks”). The TAOBAO trademarks have become well-known to consumers.
The Respondent is an individual named Alexey Gurov. The Respondent has been a
respondent in two prior proceedings initiated under the Uniform Rapid Suspension System,
i.e. Alibaba Group Holding Limited v. Alexey Gurov, ADNDRC Case No. HKS-1400004
and Alibaba Group Holding Limited v. Alexey Gurov, ADNDRC Case No. HKS-1400012
that involved the following domain names: <tao.email> and <taobao.email>.
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