FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
The disputed domain name contains Complainant's trademark ECCO in full, together with some generic terms related to Complainant's business. Furthermore, the first part of the disputed domain name corresponds to "ECCO" in the company name of Complainant. Therefore, the disputed domain name is confusingly similar to Complainant's trademark (Policy, Par. 4 (a)(1)).
Respondent has no rights in the trademark ECCO and is not a reseller/licensee of Complainant, use of the trademark ECCO by Respondent has never been authorized by Complainant, and Respondent is using its website to promote the sale goods, which are very likely counterfeit. Accordingly, Respondent has no rights or legitimate interests in respect of the domain name (policy, Par. 4 (a)(11)).
The trademark ECCO constitutes the first and dominant element of the disputed domain name. Complainant’s logo and pictures taken from Complainant's website and catalogue are used by the Respondent, who is attempting to divert Internet users to his domain name by creating a likelihood of confusion with Complainant’s trademarks, company name and domain names. Respondent is exploiting the goodwill attached to Complainant's trademarks and company name for selling goods which are very likely counterfeit. Furthermore, Respondent is exploiting the trademark ECCO to sell goods bearing third parties’ trademarks. For all these reasons, Complainant concludes that the disputed domain name was registered and is used in bad faith (Policy, Par. 4(a)(iii)).
In all the aforementioned circumstances, Complainant submits that the disputed domain name has been registered and is used in bad faith.
CAC’s and WIPO’s decisions in the following complaint proceedings support the case:
CAC:
Case no. 100259, eccoshoesshop.com
Case no. 100278, eccoshoesuk.net
Case no. 100305, eccoonlinesale.com
Case no. 100312, eccosaleonline.com
WIPO:
Case no. D2010-2038, eccodiscount.com
(http://www.wipo.int/
Case no. D2010-1443, eccobrandshop.com, ecooshop.com
http://www.wipo.int/
Case no. D2010-1113, 51ecco.com
(http://www.wipo.int/
Case no. D2010-0650, eccoshoesoutlet.com, eccoshoesoutlets.com, eccoshoesoutlets.net
(http://www.wipo.int/
Language
Complainant asks that the language of the proceedings be English. The disputed domain name includes English terms, SHOES and OUTLET. The text on the homepage underlying the disputed domain name is in English. The goods offered on sale are referred to with English descriptive terms. Moreover, the goods sold on Respondent’s homepage are sold in different currencies, e.g. US Dollars, GB pounds, Canadian dollars, Australian dollars that show that Respondent is selling to English speaking countries and is able to offer his support to English speaking customers. All these circumstances show that the Registrant has a good command of the English language, notwithstanding the fact that he is apparently residing in China.
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