Foreign-language Registrars and WIPO

[draqon]

i read some UDRP cases where the panelist said something like "The language of the proceedings shall be English, because that is the language of the contract that the registrar uses". Does this mean that if I transfer my domains to a registrar that uses some ridiculously obscure langauge like Zulu or Xhosa that anyone trying to WIPO me would need to write a Complaint in Zulu or Xhosa? What happens if there are no panelists who speak the language that the registrar's terms-of-service and user agreement is in?

 

[jberryhill]

"Does this mean that if I transfer my domains to a registrar that uses some ridiculously obscure langauge like Zulu or Xhosa that anyone trying to WIPO me would need to write a Complaint in Zulu or Xhosa? "

That is correct.

"What happens if there are no panelists who speak the language that the registrar's terms-of-service and user agreement is in?"

That has not yet happened.

 

[Ovicide]

i read some UDRP cases where the panelist said something like "The language of the proceedings shall be English, because that is the language of the contract that the registrar uses". Does this mean that if I transfer my domains to a registrar that uses some ridiculously obscure langauge like Zulu or Xhosa...

In this morning's WIPO decisions mailing, the panel considered that issue.
The respondent is Korean, and he asked that all documents in the proceeding
be filed in the Korean language. The panel denied his request.

http://arbiter.wipo.int/domains/decisions/html/2003/d2003-0989.html

 

[.biz]

http://arbiter.wipo.int/domains/decisions/html/2003/d2003-0989.html
..
A. Selection of Language

The Complaint was filed in the English language. The Respondent asserts that all documents in this dispute resloution proceeding should be filed in the Korean language, which was the language of the registration agreement for the Domain Name, whereas the Complainant asserts that English should be the language of the proceeding.

According to Paragraph 11 of the Rules, the language of the administrative proceeding shall be the language of the registration agreement unless the Panel decides otherwise. The spirit of Paragraph 11 is to ensure fairness in the selection of language by giving full consideration to the parties’ level of comfort with each language, the expenses to be incurred and the possibility of delay in the proceeding in the event translations are required and other relevant factors.

In the present case, even if the registration agreement for the Domain Name was made in the Korean language, it is apparent from the written communications exchanged among the parties that the Respondent seems to have little difficulty in communicating in the English language. The English used by the Respondent in his letters demonstrates his ability to understand and communicate in English without difficulty.

On the other hand, the Complainant is not able to communicate in Korean and therefore, if the Complainant were required to submit all documents in Korean, the arbitration proceeding will be unduly delayed and the Complainant would have to incur substantial expenses for translation. Therefore, in consideration of the above circumstances and in the interest of fairness to both parties, the Panel hereby decides, under Paragraph 11 of the Rules, that English shall be the language of administrative proceeding in this case. However, based on the Panel’s discretion, Korean language documents submitted, have been reviewed by the Panel.
..

That sucks. I got dispute in Chinese once for a .cn. The complainant HQ is in Japan with offices around the world. I asked to proceed in English, but the registrar (OnlineNic's affiliated company) said it's not possible. Then I simply lose the domain.

That sucks.

 

[draqon]

very interesting, thanks for bringing that case to my attention.

 

[jberryhill]

.cn names are not controlled by the UDRP, but by a closely-related policy that, among other things, allows no flexibility in choice of language.

 

[chatcher]

In this morning's WIPO decisions mailing, the panel considered that issue.
The respondent is Korean, and he asked that all documents in the proceeding
be filed in the Korean language. The panel denied his request.

http://arbiter.wipo.int/domains/decisions/html/2003/d2003-0989.html

That decision sucks. The complainant is apparently famous enough in Korea to be able to take the domain name (without a registered Korean trademark), but not doing enough business in Korea to be able to file using the Korean language! I am not a lawyer, and am not familiar with either the complainant or respondent, but I think it was wrong of the panelist to require a response in English, and wrong to transfer the domain.

Now in addition to searching for registered trademarks we are supposed to search the news media?

 

[jberryhill]

"Now in addition to searching for registered trademarks we are supposed to search the news media?"

I'll keep saying it until it catches on - The best trademark database is Google.

 

[chatcher]

"Now in addition to searching for registered trademarks we are supposed to search the news media?"

I'll keep saying it until it catches on - The best trademark database is Google.

That depends on your perspective, John. Usually when I do a trademark search, I don't want to see any results!

(I only use Google when trying to prove a mark is not unique or distinctive.)

 

[jberryhill]

Granted, you have to exercise some judgment in assessing Google results, but situations where you plow three pages deep and all of the references are to a single thing, then you are well on the way to a clue.

 

[Steen]

Remind me to open a registrar using the language of Swahili :-D

 

[jberryhill]

I would like to see a registration agreement in pig-latin. It would make these things a lot more fun.

Espondentray eniesday ethay uggestionsay ehay isay a ybersquattercay.

Either that, the "ubba language" from Zoom, or run all the filings through the Swedish Chef filter: http://www.cs.utexas.edu/users/jbc/home/chef.html

"Zee Respundent hes ooffffered tu trunsffer zee dumeeen neme-a incloodeeng Cumpleeenunt's tredemerk fur cumpenseshun in ixcess ooff ducoomented oooot-ooff-pucket custs. Bork Bork Bork!"

 

[dtobias]

There's sort of a "catch 22" in the panelist's interpretation of the language rules: if a respondent knows enough English to have at least a vague understanding of what sort of case is being brought against him/her/them, and that there's a rule allowing the case to be switched to a language more convenient to the respondent, and to make a request that such a switch be done, then the panelist uses this as evidence that the respondent knows English, and hence the language change is to be denied. But if the respondent really didn't know any English, he/she/they would likely be completely confused about what's going on and fail to respond at all, and it would be treated as a respondent default.

 

[Ovicide]

I would like to see a registration agreement in pig-latin. It would make these things a lot more fun.

For many who were educated in U.S. public schools, writing English is too challenging; the pig-latin requirement would be disastrous.