WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
3 Suisses International SA v. Reddot, Ltd
Case No. D2008-0595
1. The Parties
1.1 The Complainant is 3 Suisses International SA, Croix, France, represented by SELARL Espace Juridique Avocats, France.
1.2 The Respondent is Reddot, Ltd, St. Petersburg, Russian Federation, represented by Mikhail Smirnov, St. Petersburg, Russian Federation.
2. The Domain Name and Registrar
1.3 The disputed domain name (the “Domain Name”) is registered with DomReg Ltd. d/b/a LIBRIS.com (the “Registrar”).
3. Procedural History
3.1 The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 16, 2008. The Complaint named “DesignBureau Ltd” of PO Box 100 in St Petersberg, Russia as Respondent. On April 17, 2008, the Center transmitted by email to the Registrar a request for registrar verification in connection with the domain name at issue. On April 23, 2008, DomReg Ltd. d/b/a LIBRIS.com transmitted by email to the Center its verification response. In that response the Registrar stated that the registrant of the Domain Name was Reddot Ltd, and provided Reddot’s contact details. The Registrar also confirmed that the language of the registration agreement was Russian. On May 5, 2008 the Center notified the contents of the Registrar’s response.
3.2 On May 7, 2005, the Complainant requested that English be the language of these proceedings and on May 9, 2005 the Center notified the Complainant that these proceedings would proceed in both English and Russian. On May 9, 2005, the Complainant submitted an amended Complaint naming Reddot, Ltd as the Respondent.
3.3 The amended Complaint failed to identify (in accordance with paragraph 3(b)(xi) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”)), whether other legal proceedings were under way in relation to the Domain Name. However, the Complainant subsequently confirmed that there were no other legal proceedings ongoing by means of an email dated May 14, 2008.
3.4 The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “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 May 21, 2008. The notification was sent to the Respondent in both English and Russian. It stated that if the Respondent was “experiencing language difficulties with the Complaint” it should notify the Center of this fact by no later than May 28, 2008.
3.5 By means of an email dated May 22, 2008, the Respondent objected to the proceedings being in English. In an email dated May 26, 2005, the Center notified the parties as follows:
(i) It would accept the complaint as filed in English;
(ii) It would accept a Response in either English or Russian; and
(iii) It would appoint a Panel familiar with both English or Russian, if available.
3.6 In accordance with the Rules, paragraph 5(a), the due date for Response was June 10, 2008. On June 2, 2008 the Center received an email sent from the email address provided for the Respondent by the registrar, i.e. info@. The email was in both English and Russian. The English text of the email was as follows:
“Please be informed that in accordance with Registration Agreement our company insured the domain against its loss resulted by activity of the third parties. Consequently, our company is an interested party in this dispute. Please be advised our decision is based on detailed analysis of domain name by expert commission, and on absence of barriers to its use. You are aware that in such situations insurance companies bear the financial burden of responsibility, and accordingly, interested in adequate solution of the dispute. Our experts have concluded that your complaint is unjust. Moreover, they came to the conclusion that you are well aware of it, also that your allegations are false and artificial. We have in mind the consequences of an unjust claim, and the complainant is well aware of this. Therefore, to avoid further unnecessary expenses that we are forced to imput to you, we offer you to withdraw this complaint immediately, within 24 hours.
Regards Denis Manilo”
3.7 When asked by the Center to clarify whether this was the Respondent’s final response, “Mr. Manilo” sent a further email to the Center in which he stated “We shall provide final Response before June 10, 2008”.
3.8 The Response was filed with the Center on June 10, 2008 as an attachment to an email from the info@ address.
3.9 The Respondent sent a further submission to the Center (the “Respondent’s Additional Submission”) on June 11, 2008 again by means of an email using the info@ address but this time signed “RedDot Ltd”. The following day the Complainant’s representative sent an email to the Center objecting to this filing on the basis that it had been filed a day out of date.
3.10 No panelist being readily available who spoke both Russian and English, the Center appointed Matthew S. Harris as the sole panelist in this matter on June 24, 2008. 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.
3.11 The Panel having considered the papers related to these proceedings and by means of a procedural order dated June 25, 2008 (the “Procedural Order”) put a number of queries to, and sought further clarification from, the Respondent as to the Respondent’s case. The Respondent was ordered to provide an additional submission to address these issues by no later than July 2, 2008. The Procedural Order also provided that the Complainant could respond to this additional submission by July 9, 2008 and extended the time by which a decision was to be issued in these proceedings until July 16, 2008.
3.12 The Respondent submitted a further submission pursuant to the Procedural Order on July 2, 2008 (the “Respondent’s Procedural Order Submission”). The Complainant submitted a further submission pursuant to the Procedural Order on July 7, 2008 (the “Complainant’s Procedural Order Submission”).
4. Factual Background
4.1 The Complainant is a company registered under the laws of France and is part of the 3 Suisses group of companies. The 3 Suisses group markets and sells by catalogue a wide range of goods including clothes, shoes, domestic appliances and furniture. Over a million of its catalogues are distributed each year in France but its activities extend beyond France.
4.2 The Complainant holds various trade marks that incorporate the 3 SUISSES name. They include Community Trade Mark No, 00 0372 698 for the text 3 SUISSES dated December 12, 1999 in classes 16, 25, 38 and 39.
4.3 The exact status and nature of the Respondent is commented upon in greater detail later on in this decision. It would, however, appear to be a company registered under the laws of the Russian Federation.
4.4 The Domain Name was registered on March 29, 2003. Until at least as late as April 15, 2008, the Domain Name was registered in the name of “DesignBureau Ltd. by proxy, agr. PR-gen-2003”.
4.5 On November 8, 2007, the Complainants’ legal manager sent a letter to “DesignBureau Ltd” informing it that the registration of the Domain Name constituted “infringement and cybersquatting” and demanding that the Domain Name be transferred to the Complainant.
4.6 By May 9, 2008, the WHOIS record for the Domain Name had changed to that of the Respondent.
4.7 Up until the date of the initial Complaint the Domain Name linked to a web page with the html