{
    "case_number": "CAC-UDRP-100305",
    "time_of_filling": "2011-08-22 10:48:53",
    "domain_names": [
        "ECCOONLINESALE.COM"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "ECCO Sko A\/S"
    ],
    "complainant_representative": "Chas. Hude A\/S",
    "respondent": [
        "Ideartrade, Song Jianwei"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe disputed domain name contains Complainant's trademark ECCO in full, together with some generic terms, which meaning is related to Complainant's business. Therefore, the disputed domain name is confusingly similar to Complainant's trademark (Policy, Par. 4 (a)(1)).\r\n\r\nRespondent 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 his 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)).\r\n\r\nECCO constitute 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 for selling goods which are very likely counterfeit. For all these reasons, Complainant finds that the disputed domain name was registered and is used in bad faith (Policy, Par. 4(a)(iii)).\r\n\r\nIn all the aforementioned circumstances, Complainant finds that the disputed domain name has been registered and is used in bad faith. \r\n\r\nCAC’s and WIPO’s decisions in the following complaint proceedings support the case:\r\n\r\nCAC:\r\nCase no. 100259, eccoshoesshop.com\r\nCase no. 100278, eccoshoesuk.net\r\n\r\nWIPO:\r\nCase no. D2010-2038, eccodiscount.com \r\n(http:\/\/www.wipo.int\/amc\/en\/domains\/search\/text.jsp?case=D2010-2038) \r\nCase no. D2010-1443, eccobrandshop.com, ecooshop.com\r\nhttp:\/\/www.wipo.int\/amc\/en\/domains\/search\/text.jsp?case=D2010-1443)\r\nCase no. D2010-1113, 51ecco.com\r\n(http:\/\/www.wipo.int\/amc\/en\/domains\/search\/text.jsp?case=D2010-1113)\r\nCase no. D2010-0650, eccoshoesoutlet.com, eccoshoesoutlets.com, eccoshoesoutlets.net \r\n(http:\/\/www.wipo.int\/amc\/en\/domains\/decisions\/text\/2010\/d2010-0650.html) ",
    "other_legal_proceedings": "N\/A",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trade mark 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 all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Matthew Harris"
    ],
    "date_of_panel_decision": "2011-09-16 00:00:00",
    "informal_english_translation": "Various trade marks comprising or incorporating the term \"ECCO\" including community Trade mark Reg. No. 001149871, reg. date 06\/02\/2003.\r\n",
    "decision_domains": {
        "ECCOONLINESALE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}