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On-line ADR Center of the Czech Arbitration Court (CAC)

Panel Decision

§ 15 of the UDRP Rules (Rules), § 9 of the CAC’s Supplemental Rules (Supplemental Rules)

Case No.	100307
Time of Filing	2011-09-09 16:34:03
Disputed domain name	MOLDMASTERTOOL.COM

Case Administrator
Name	Tereza Bartošková

Complainant
Organization	Mold-Masters (2007) Limited
Authorized Representative
Name	Martin Aufenanger

Respondent
Organization	Jian Ji

Other Legal Proceedings
None.

Identification of rights
The Complainant is the proprietor of Community Trademark No. 3963642 “MOLD-MASTERS”, registered for goods in classes 7 and 11, including injection molds and injection molding tools.

Factual Background
FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT: The Complainant has been using the“MOLD-MASTERS” mark worldwide since 1963. It has its commercial presence on the Internet through the domain name <moldmasters.com>. The Respondent registered the domain name <moldmastertool.com> on July 25, 2010. In July 2011 it resolved to a website showing content of the company “FarEast Precision Mold and Molding Engineering Ltd.”, of Shenzhen, China, a competitor of the Complainant. The Complainant sent a "cease and desist" letter to the Respondent on August 4, 2011. No reply was received but the content of the website was subsequently removed and, as at the date of the filing of the Complaint, there was no content. The Complainant asks that the language of the proceedings be English, as the previous complaint correspondence between the parties was also in English. This also applies to the former content on the website to which the domain name resolved. The Complainant seeks cancellation of the domain name.

Factual Background

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:

The Complainant has been using the“MOLD-MASTERS” mark worldwide since 1963. It has its commercial presence on the Internet through the domain name <moldmasters.com>.

The Respondent registered the domain name <moldmastertool.com> on July 25, 2010. In July 2011 it resolved to a website showing content of the company “FarEast Precision Mold and Molding Engineering Ltd.”, of Shenzhen, China, a competitor of the Complainant.

The Complainant sent a "cease and desist" letter to the Respondent on August 4, 2011. No reply was received but the content of the website was subsequently removed and, as at the date of the filing of the Complaint, there was no content.

The Complainant asks that the language of the proceedings be English, as the previous complaint correspondence between the parties was also in English. This also applies to the former content on the website to which the domain name resolved.

The Complainant seeks cancellation of the domain name.


No administratively compliant Response has been filed.

Rights
The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trademark or service mark in which the complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy).

No rights or legitimate interests
The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy).

Bad faith
The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).

Procedural Factors
The Panel is satisfied that the Respondent received notice of the Complaint by means of emails from the Case Administrator (in both English and Chinese) to jacky@bluestar-mould.com and postmaster@moldmastertool.com, the delivery of which was confirmed. The Registration Agreement is in Chinese. The Complainant has requested that the language of the proceeding be English. The Panel notes that the content of the website to which the domain name resolved as of July, 2011 was in English and made reference to the conduct of business in the United States of America. Under these circumstances the Panel considers that the Respondent would not be disadvantaged if the language of the proceeding were English and determines that the language of this proceeding shall be English. Accordingly, the Panel is satisfied that all procedural requirements under UDRP have been met and there is no other reason why it would be inappropriate to provide a decision.

Procedural Factors

The Panel is satisfied that the Respondent received notice of the Complaint by means of emails from the Case Administrator (in both English and Chinese) to jacky@bluestar-mould.com and postmaster@moldmastertool.com, the delivery of which was confirmed.

The Registration Agreement is in Chinese. The Complainant has requested that the language of the proceeding be English. The Panel notes that the content of the website to which the domain name resolved as of July, 2011 was in English and made reference to the conduct of business in the United States of America. Under these circumstances the Panel considers that the Respondent would not be disadvantaged if the language of the proceeding were English and determines that the language of this proceeding shall be English.

Accordingly, the Panel is satisfied that all procedural requirements under UDRP have been met and there is no other reason why it would be inappropriate to provide a decision.

Principal Reasons for the Decision
The Respondent has registered and used a domain name that is confusingly similar to the Complainant's mark and in which the Respondent has no rights or legitimate interest to attract Internet users to the website of a competitor of the Complainant.

Decision
For all the following reasons, the Complaint is	Accepted
and the disputed domain name(s) are to be
MOLDMASTERTOOL.COM	Cancelled

Panellists
Name	Mr. Alan Lawrence Limbury
Date of Panel Decision	2011-10-14

Publication of the Decision
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Dispute 100307

Panel Decision