In accordance with the Rules, paragraph 5, the due date for Response was April 25, The Respondent did not submit any response. The Center appointed Lorenz Ehrler as the sole panelist in this matter on May 4, 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. The Complainant created and owns Chatroulette, an online chat website that pairs random people from around the world together for real-time, webcam-based conversations.

As evidence, the Compliant includes press articles and Google interest data as well as traffic statistics showing about , visits of the website over a day period between December and January The Complainant therefore submits that its website enjoys a substantial degree of public recognition and distinctiveness.

Furthermore, the Complainant states that the Respondent has not at any time been commonly known by the disputed domain names and that is not making any legitimate use of it.

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Lastly, the Complainant contends that the Respondent registered and uses the disputed domain names in bad faith. Pursuant to paragraph 11 of the UDRP Rules, unless otherwise agreed by the parties, the default language of the proceeding is the language of the registration agreement, subject to the authority of the panel to determine otherwise.

In the case at hand, the registration agreements of the two disputed domain names are in different languages, which is why the Panel needs to address the issue of the language of the proceedings in this case. Previous UDRP panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement, including in particular in cases involving more than one disputed domain name.

In light of the above, the mere fact that the registration agreement for one of the two disputed agreements is in English justifies declaring English as the applicable language, all the more that this shows that the Respondent speaks English or at least accepts to deal in this language.

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It should also be taken into account that the disputed domain names themselves are composed of English words. Lastly, the contents of the websites to which the disputed domain names resolves were also in English, which confirms that the Respondent is familiar with the English language. The trademarks put forward by the Complainant demonstrate that the Complainant has rights in relevant trademarks.

The existence of confusing similarity within the meaning of paragraph 4 a of the Policy is not in doubt in the present case, given that the main elements in the disputed domain names, i. The incorporation of a trademark in its entirety is typically sufficient to establish that a disputed domain name is identical or confusingly similar to a trademark. The other elements of the disputed domain names, i.

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The Complainant contends that the Respondent does not have any rights or legitimate interest in the disputed domain names, in particular that the Respondent has not at any time been commonly known by the disputed domain names and that the Respondent is not making legitimate use of said domain names. The Complainant has contested having granted the Respondent any rights to use its trademarks.

Furthermore, by not submitting any response to the Complaint, the Respondent failed to invoke any circumstance that might demonstrate, pursuant to paragraph 4 c of the Policy, that it holds any rights or legitimate interests in the disputed domain names Ahead Software AG v. D ; see also, Nintendo of America, Inc. Tasc, Inc. Windgather Investments Ltd. We understand you do not like that the premium is paid. But we also have a lot of other great features that are absolutely for free.

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