FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
The Complainant is an U.S. company that manufactures footwear, sports and casual apparel and is headquartered in Baltimore, Maryland with additional offices located in Amsterdam (European headquarters), Austin, Guangzhou, Hong Kong, Houston, Jakarta, London, Mexico City, Munich, New York City, Panama City (International headquarters), Paris, Pittsburgh, Port-land, San Francisco, São Paulo, Santiago, Seoul, Shanghai (Greater Chinese headquarters), and Toronto.
Founded in 1996 manufactures and distributes performance apparel - gear. In 2005, the Complainant went public, trading at NASDAQ under “UARM”. Following year, the footwear business captured a 23% share of the market. Also, the Complainant became sponsor of famous athletes as Ray Lewis, Lindsey Vonn, Georges St-Pierre, Brandon Jennings, Michael Phelps, Tom Brady and Sloane Stephens. Over the years, the Complainant has made significant strides in establishing a strong presence outside of the US. Through on-field partnerships with elite professional teams and players, the brand gained traction with athletes in Japan, Europe, Canada, Latin America. Today, the Complainant is widely known as one of the largest sportswear brands in the U.S. also for its partnership with NBA athlete Stephen Curry.
Also, the Complainant’s websites and social media accounts generate a significant number of visitors by internet users every day. For example, the Complaint’s Facebook account has more than ten million followers.
The Complainant uses, inter alia, the domain names <UNDERARMOUR.COM>, <UNDER-ARMOUR.ASIA> and <UNDERARMOUR.CN> as well as its trademarks “UNDER ARMOUR” for its services and as company name.
The disputed domain name <UNDERARMOURSHOESOUTLETSTORE.COM> has been registered by the Respondent on September 30, 2017. It points to a website publishing the “UNDER ARMOUR” trademarks and promoting and selling purported products of the Complainant. In detail, the linked website hosts an e-shop offering for sale products from the Complainant's portfolio, i.e. apparel and shoes bearing the Complainant's trademarks. In light of the low prices, the apparel and shoes offered for sale are prima facie counterfeit products.
The domain name website does not contain any information about the owner or operator of the e-shop and no contact details are provided. It only includes the brief statement "Powered by http://www.underarmourshoesoutletstore.com/
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