WIPO Domain Name Decision D2019-0004 for groupongoodsglobal.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Groupon, Inc. v. Lutz-Martin Hoffmann Case No. D2019-0004 1. The Parties
Complainant is Groupon, Inc. of Chicago, Illinois, United States of America (“United States”), represented by Greenberg Traurig, LLP, United States.
Respondent is Lutz-Martin Hoffmann of Osterburg, Germany. 2. The Domain Name and Registrar
The disputed domain name (the “Disputed Domain Name”) is registered with 1&1 Internet SE (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 31, 2018. On January 2, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On January 8, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Disputed Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on the same date providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. On the same date, the Center sent an email in German and English regarding the language of the proceedings. Complainant filed an amended Complaint on January 14, 2019 and requested English to be the language of the proceedings. On January 13, 2019, Respondent requested German to be the language of the proceedings.
The Center verified that the Complaint together with the amended 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 Respondent of the Complaint in both German and English, and the proceedings commenced on January 16, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 5, 2019. Respondent did not submit any response. Accordingly, the Center notified the Parties about the commencement of the panel appointment process on February 6, 2019 .
The Center appointed Peter Wild as the sole panelist in this matter on February 19, 2019. 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. 4. Factual Background
Complainant is a global business and a platform for a wide range of goods or services locally, at discounted prices. Complainant owns trademark registrations for trademarks incorporating its GROUPON trademark with the United States Patent and Trademark Office in connection with the marketing of its services, including registration No. 3685954 for GROUPON, registered on September 22, 2009; registration No. 4222645 for GROUPON, registered on October 9, 2012 and more; Complainant also owns European Union Trade Mark registrations Nos. 011463981 for GROUPON, registered on April 11, 2014, as well as 008226508 for GROUPON, registered on November 14, 2009; Complainant also has trademark registrations for its GROUPON trademark in at least 50 other countries.
The Disputed Domain name was registered on October 27, 2013 and redirects to a website with links to further websites. It appears to be used as a pay-per-click (“PPC”) website. This website contains links such as “Groupon Discount” which directs Internet users to advertisements for related goods and services which are in direct competition with Complainant. Language of the Proceeding
Complainant filed the Complaint in English. The language of the Registration Agreement for the Disputed Domain Name is German. Pursuant to the Rules, paragraph 11, in the absence of an agreement between the Parties, or unless specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement. On January 8, 2019, the Center invited the Parties, in an email in English and German, to comment on the requested procedural language being English, with a deadline of January 13, 2019. Complainant, by email of January 12, 2019, requested English to be the language of the proceeding for the following reasons: Complainant is unable to communicate in German and translation of the Complaint would unfairly disadvantage and burden Complainant and delay the proceedings and adjudication of this matter; The Disputed Domain Name is comprised of Latin characters and using the English words “goods” and “global”. The Disputed Domain Name resolves to a website with English content and the Disputed Domain Name is offered for sale on a website in English.
Thus, according to Complainant, conducting the proceedings in English will not result in unfairness to Respondent given its presumed competence in English, see Z, Inc. v. Zufu aka Huahaotrade,WIPO Case No. D2008-1191; and Fissler GmbH v. Chin Jang Ho,WIPO Case No. D2008-1002. In such circumstances previous panels have found that the proceeding should be conducted in English but that respondent may submit any documents or assertions in the language of the registration agreement. See Deutsche Messe AG v. Kim Hyungho,WIPO Case No. D2003-0679.
Respondent informed the Center by email on January 13, 2019, that he requests “..to have further correspondence in German…” (“…weitere Korrespondenz in Deutsch zu gestalten…”) and that Sedo (the Registrar) is domiciled in Germany with German worded Terms and Conditions.
The Center has issued all communications with the Parties in English and German, including the communication of January 16, 2019, with which the Respondent was notified of the commencement of the administrative proceedings with a deadline of February 5, 2019, to file a Response. Respondent didn’t file a response.
Pursuant to paragraph 11(a) of the Rules, the Panel may determine the language of the proceedings having regard to all circumstances, and to help ensu