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 Page 6

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