evidence of bad faith, as it further misleads users into believing that the Disputed
Domain Names are operated by a company that is associated with the
Complainant. The Complainant asserts that the open-taobao.com> and <taoimagine.com> were registered to mislead and confuse Internet users into
believing they are associated with the Complainant and its Taobao Trade Marks.
The Complainant submits that the Respondent’s use of the Inactive Domains
amount to bad faith use based on the combination of all of the facts. Finally, the
Complainant asserts that during 2011-2014, it filed 76 complaints against
infringing domain names.
B.
Respondent
The Respondent did not reply to the Complainant’s contentions.
5.
Findings
5.1. Jurisdiction over dispute involving <tao-0.com> domain name.
In its November 18, 2014 email to the Center, the registrar REG.RU LLC advised the
Center it did not enter into a written Registration Agreement with the Respondent. The
Panel, therefore, feels compelled to determine whether the Panel has jurisdiction over the
dispute concerning <tao-0.com> domain name.
Under Article 437 of the Civil Code of the Russian Federation, an offer to enter into an
agreement for domain name registration services is a public offer. Such offer is deemed
accepted by registrant when he/she pays for the registrar’s services. See, Art. 438 of the
Civil Code of the Russian Federation. Therefore, as soon as the Respondent paid to
REG.RU LLC for its registration services, the Registration Agreement between him and
the Registrar was concluded. Because the Uniform Domain Name Dispute Resolution
Policy is incorporated by reference and made a part of the Registration Agreement, the
Respondent submitted to jurisdiction of this Panel under paragraph 4 of the UDRP.
5.2. Language of the proceeding
Under Paragraph 11 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.”
Because there is no evidence on file showing that the Parties agreed otherwise and because
the language of the REG.RU LLC’s and Regtime Ltd.’s Registration Agreements is
Russian, the language of the administrative proceeding regarding the following Disputed
Domain Names: <tao-0.com>, <tao-imagine.com>, <tao-mama.com>, <tao-sp.org>, <таобао.com>, <таобао-форум.com> and <taobao-sp.org> shall be Russian. The language of
the administration proceeding regarding <open-taobao.com> and <tao-api.info> domain
names shall be English because the language of the Registration Agreement is English.
The Panel, however, determines that English should be language of this administrative
proceeding regarding all of the Disputed Domain Names. It is a consensus among the
UDRP panelists that the Panel’s discretion to choose the language of the proceeding must
be exercised in the spirit of fairness and justice to both parties considering matters such as
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