编辑: 颜大大i2 | 2019-07-14 |
For any discrepancies, the English Version shall prevail over the Chinese Version
1 Asia Domain Name Dispute Resolution Centre (Hong Kong Office) Uniform Domain Name Dispute Resolution Policy Panelist Decision Case No. HK-1300526 Complainant: PAUL SMITH GROUP HOLDINGS LIMITED Respondent: WENZHUO CHEN Contested Domain Name: paulsmithensoldes.com Registrar: HICHINA ZHICHENG TECHNOLOGY LTD Panel Member: Christopher To 1. Parties and Contested Domain Name The Complainant is Paul Smith Group Holdings Limited of The Poplars, Lenton Lane, Nottingham, NG7 2PW, Great Britain. The Respondent is Wenzhuo Chen of Beijing Zhongqingshi, Jiulongpoqu, Huangjuepingjie 108hao, 400053, China. The contested domain name is paulsmithensoldes.com ( Disputed Domain Name ). The decision is provided in both the languages of English and Chinese. For any discrepancies, the English Version shall prevail over the Chinese Version
2 The Registrar of the Disputed Domain Name is HICHINA ZHICHENG TECHNOLOGY LTD ( Registrar ) of 3/F HiChina Mansion27 Gulouwai Avenue, Dongcheng District, Beijing, 100120, China. 2. Procedural History On
9 July 2013, pursuant to the Internet Corporation For Assigned Names and Numbers Uniform Domain Name Dispute Resolution Policy ( ICANN Policy ), the Internet Corporation For Assigned Names and Numbers Rules for the Uniform Domain Name Dispute Resolution Policy ( ICANN Rules ) and the Asian Domain Dispute Resolution Centre Supplemental Rules for Uniform Domain Name Dispute Resolution Policy ( ADNDRC Supplemental Rules ), the Complainant filed a Complaint in this matter with the Hong Kong Office of the Asian Domain Dispute Resolution Centre ( ADNDRC-HK ). On
10 July 2013, the ADNDRC-HK notified HICHINA ZHICHENG TECHNOLOGY LTD at and , the Registrar of the Disputed Domain Name of the proceedings by email. On
11 July 2013, the Registrar acknowledged the email of ADNDR-HK confirming that the Disputed Domain Name is registered, that Wenzhuo Chen is the holder of the Disputed Domain Name. As a result, the Internet Corporation For Assigned Names and Numbers Rules for the Uniform Domain Name Dispute Resolution Policy ( ICANN Rules ) is applicable to the Disputed Domain Name, the language of the Registration Agreement of the Disputed Domain Name is in the Chinese language as provided by the Registrar (See: http://www.net.cn). At the time of writing this decision, the Disputed Domain Name website is still in operation (See: http://www.paulsmithendoes.com). On
15 July 2013, the ADNDR-HK confirmed the receipt of the Complaint submitted on
9 July 2013. In the meantime, the ADNDRC-HK notified the Complainant that the language of registration agreement of the Disputed Domain Name is Chinese. In accordance with the Uniform Domain Name Dispute Resolution Policy ( ICANN Rules ), Paragraph 11(a) stated as follow: The decision is provided in both the languages of English and Chinese. For any discrepancies, the English Version shall prevail over the Chinese Version
3 1. 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. 2. The Panel may order that any documents submitted in languages other than the language of the administrative proceeding be accompanied by a translation in whole or in part into the language of the administrative proceeding. In the meantime, the ADNDRC-HK informed the Complainant that the name of the Respondent should be wenzhuo chen rather than wenzhou chen . Subsequently, the ADNDRC-HK noted that: On this basis, could you please submit the amended Complaint Form together with the Chinese translation to us and serve a copy to the concerned Registrar ([email protected]) and the Respondent on or before