WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Cousins Submarines, Inc. v. Zhang Xiaohua Case No. D2019-0547 1. The Parties

The Complainant is Cousins Submarines, Inc. of Menomonee Falls, Wisconsin, United States of America (“USA”), represented by Boyle Fredrickson, S.C., USA.

The Respondent is Zhang Xiaohua of Tengzhou, Shandong, China. 2. The Domain Name and Registrar

The disputed domain name is registered with Xin Net Technology Corp. (the “Registrar”). 3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on March 13, 2019. On March 13, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 14, 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 the Complainant on March 15, 2019 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on March 18, 2019.

On March 15, 2019, the Center sent an email in English and Chinese to the Parties regarding the language of the proceeding. The Complainant requested that English be the language of the proceeding on March 18, 2019. The Respondent did not comment on the language of the proceeding by the specified due date.

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 the Respondent in English and Chinese of the Complaint, and the proceeding commenced on March 21, 2019. In accordance with the Rules, paragraph 5, the due date for Response was April 10, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on April 11, 2019.

The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on April 24, 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 A. Complainant

The Complainant is a company incorporated in the State of Wisconsin in the USA and the operator since 1990 of sandwich restaurants in Wisconsin and Illinois in the USA under the trade mark COUSINS SUBS (the “Trade Mark”), including two restaurants in the city of Oshkosh in Wisconsin.

The Complainant is the owner of several registrations in the USA for the Trade Mark, including registration number 1705595, with a registration date of August 4, 1992. B. Respondent

The Respondent is apparently an individual resident in China. C. The Disputed Domain Name

The disputed domain name was registered by the Respondent on December 24, 2018. D. The Website at the Disputed Domain Name

The disputed domain name has been used in respect of a website apparently promoting both gambling related content, with sponsored links, and also the goods and services of a manufacturer of plastic containers apparently based in China, Fuchuan Plastic Company (the “Website”). 5. Parties’ Contentions A. Complainant

The Complainant contends that the disputed domain name is identical or confusingly similar to the Trade Mark, the Respondent has no rights or legitimate interests in respect of the disputed domain name and the disputed domain name has been registered and is being used in bad faith. B. Respondent

The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings 6.1. Language of the Proceeding

The language of the Registration Agreement for the disputed domain name is Chinese. 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.

Paragraph 11(a) of the Rules allows the panel to determine the language of the proceeding having regard to all the circumstances. In particular, it is established practice to take paragraphs 10(b) and (c) of the Rules into consideration for the purpose of determining the language of the proceeding, in order to ensure fairness to the parties and t