Decision for dispute CAC-UDRP-108764

The Panel is unaware of any other pending or decided legal proceedings in respect of the disputed domain name <geekbarvapesflavors.com> (the "disputed domain name").

The Complainant, Guangdong Qisitech CO. LTD., owns numerous trade marks for GEEK BAR, including:

• European Union trade mark registration no. 018225081, registered on 26 August 2020;

• United States trade mark registration no. 6275589, registered on 23 February 2021; and

• International trade mark registration no. 1676896, registered on 8 June 2022.

A. Complainant's Assertions

The Complainant is a Chinese company established in 2016 and is engaged in the development, manufacture and international distribution of disposable electronic cigarette products marketed under the GEEK BAR brand.

The Complainant's products are distributed internationally and the Complainant contends that the GEEK BAR trade mark has acquired substantial recognition through extensive commercial use.

B. Respondent's Position

The Respondent did not file a Response.   

C. Disputed Domain Name

The disputed domain name was registered on 22 March 2025.

The evidence indicates that the disputed domain name resolves to a commercial website prominently displaying the Complainant's trade mark and logo, reproducing product imagery associated with the Complainant and offering products presented as GEEK BAR products and describing itself as a trusted source for authentic GEEK BAR disposable products.  

A. Complainant

A.1 The disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights

The Complainant submits that the disputed domain name wholly incorporates its GEEK BAR trade mark together with the descriptive terms "vapes" and "flavors", which reinforce rather than dispel the association with the Complainant and its products.

The Complainant further submits that the generic Top-Level Domain (the "TLD") <.com> is irrelevant to the assessment of confusing similarity.

A.2 The Respondent has no rights or legitimate interests in respect of the disputed domain name

The Complainant submits that it has never authorised the Respondent to use its GEEK BAR trade mark, that the Respondent is not commonly known by the disputed domain name, and that the Respondent has no rights or legitimate interests in it.

The Complainant further contends that the disputed domain name has been used for a commercial website falsely presenting itself as an authorised online retail source for the Complainant's products.

A.3 The disputed domain name was registered and is being used in bad faith

The Complainant submits that the Respondent registered and has used the disputed domain name with knowledge of the Complainant's trade mark in order to attract Internet users for commercial gain by creating a likelihood of confusion as to the source, sponsorship, affiliation or endorsement of the website.

A.4 Relief Sought

The Complainant requests that the disputed domain name <geekbarvapesflavors.com> be transferred to it in accordance with paragraph 4(i) of the UDRP Policy.

B. Respondent

No Response was filed. The Panel proceeds on the basis of the uncontested evidence submitted by the Complainant and may draw such inferences as it considers appropriate pursuant to Rule 14(b) of the UDRP Rules.

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP Policy).

The Complainant has, to the satisfaction of the Panel, shown that the Respondent has no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the UDRP Policy).

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the UDRP Policy).

The Panel is satisfied that all procedural requirements under the UDRP Policy, the UDRP Rules, and the CAC Supplemental Rules have been met. There is no other reason why the Panel should refrain from rendering this Decision.

A. Applicable Legal Framework

Pursuant to Rule 15 of the UDRP Rules, the Panel decides on the basis of the statements and evidence submitted, in accordance with the UDRP Policy, the UDRP Rules, and any applicable principles of law.

Under paragraph 4(a) of the UDRP Policy, the Complainant must establish, on the balance of probabilities, that:

(i) the disputed domain name is identical or confusingly similar to a trade mark or service mark in which the Complainant has rights;

(ii) the Respondent has no rights or legitimate interests in respect of the disputed domain name; and

(iii) the disputed domain name has been registered and is being used in bad faith.

B. Identical or Confusingly Similar

The Panel finds that the Complainant has established registered rights in the trade mark GEEK BAR.

The disputed domain name <geekbarvapesflavors.com> incorporates the Complainant's trade mark GEEK BAR in its entirety. The addition of the descriptive words "vapes" and "flavors" does not prevent the Complainant's trade mark from remaining readily recognisable within the disputed domain name. Indeed, those terms directly describe the products marketed under the Complainant's trade mark and reinforce the association with the Complainant's business. Nor does the gTLD <.com> affect the assessment.

The Panel therefore finds that the disputed domain name is confusingly similar to a trade mark in which the Complainant has rights within the meaning of paragraph 4(a)(i) of the UDRP Policy.

C. Rights or Legitimate Interests

The Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name.

The Respondent has not been authorised to use the Complainant's trade mark, is not commonly known by the disputed domain name and has chosen not to participate in this proceeding.

The evidence shows that the disputed domain name resolves to a commercial website making extensive use of the Complainant’s trade mark and branding while presenting itself as an authorised dealer and a trusted source for authentic GEEK BAR disposable products.

Even assuming that the Respondent purports to offer genuine GEEK BAR products, such use would not satisfy the conditions generally applicable to a bona fide reseller under the UDRP Policy. Rather than accurately disclosing the nature of the Respondent's relationship with the Complainant, the website affirmatively represents itself as an authorised dealer and trusted source for authentic GEEK BAR products, thereby conveying the false impression that it is operated, endorsed or authorised by the Complainant.

The Panel therefore finds that the Respondent's use of the disputed domain name is not a bona fide offering of goods or services and cannot confer rights or legitimate interests within the meaning of paragraph 4(a)(ii) of the UDRP Policy.

D. Registered and Used in Bad Faith

The Panel is satisfied that the Complainant's GEEK BAR trade mark has become well established internationally before the registration of the disputed domain name.

The disputed domain name wholly incorporates that trade mark together with descriptive terms directly associated with the Complainant's products. The Panel is satisfied that the Respondent selected the disputed domain name with the Complainant's trade mark firmly in mind.

The Respondent then used the disputed domain name for the commercial website described above, presenting itself as an authorised dealer and a trusted source for authentic GEEK BAR disposable products. The Panel is satisfied that those representations were intended to lead Internet users to believe that the website was operated, endorsed or authorised by the Complainant.  

In these circumstances, the Panel is satisfied that the Respondent intentionally sought to attract Internet users for commercial gain by creating a likelihood of confusion with the Complainant's trade mark as to the source, sponsorship, affiliation or endorsement of the website and the products offered through it. Such conduct falls squarely within paragraph 4(b)(iv) of the UDRP Policy.

The Panel also notes that the website asserts copyright over its contents notwithstanding its extensive use of the Complainant's branding. While not determinative, this further supports the conclusion that the Respondent deliberately sought to present the website as an official or authorised online retail platform for the Complainant's products.

Accordingly, the Panel concludes that the disputed domain name was registered and is being used in bad faith within the meaning of paragraph 4(a)(iii) of the UDRP Policy.

E. Decision

For the foregoing reasons, in accordance with paragraph 4(i) of the UDRP Policy and Rule 15 of the UDRP Rules, the Panel orders that the disputed domain name <geekbarvapesflavors.com> be transferred to the Complainant, Guangdong Qisitech CO., LTD.