{
    "case_number": "CAC-UDRP-100313",
    "time_of_filling": "2011-09-02 11:14:50",
    "domain_names": [
        "leshark.com"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "Grabal Alok (UK) Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Aldgate Warehouse (Wholesale) Limited"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is the owner of registered and unregistered rights in the Le Shark Trade Marks referred to above.   \r\n\r\nThe Complainant acquired the Le Shark Trade Marks and goodwill associated with them by an agreement dated 10 November 2005 with Le Shark Ltd.  \r\n\r\nThe Registrant has the same shareholders, directors and registered address as Le Shark Ltd.   \r\n\r\nNeither Le Shark Ltd nor any of its group companies retained any right to use the Le Shark Trade Marks.  \r\n\r\nOn 3 December 2010, the Complainant wrote to the Registrant about the Le Shark Trade Marks and unregistered rights.  \r\n\r\nThe Complainant also gave a Takedown Notice to the host of the site to which the Disputed Domain Name resolved and the site was Taken Down.  \r\n\r\nThe Disputed Domain Name has remained inactive since December 2010.\r\n\r\nThe Registrant has refused demands to transfer the Disputed Domain Name to the Complainant. \r\n\r\nThe Disputed Domain Name is identical to the Le Shark Trade Marks.\r\n\r\nNo legitimate use can be made of the Disputed Domain Name by the Respondent or related parties since 2005 when it assigned the rights in the Le Shark Trade Marks to the Complainant.   \r\n\r\nConsumers finding the inactive website --may question the legitimacy of the Complainant's business.  Goods or services sold under the Disputed Domain Name (if any) may be confused with the goods and services of the Complainant. The Disputed Domain Name suggests a commercial connection with or authorization by the Complainant. \r\nThe Registrant is now in liquidation\/bankruptcy.  The Complainant fears the Disputed Domain Name may be on-sold and given its rights ---it is very unlikely a third party could make legitimate use of the Disputed Domain Name. \r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any pending or decided proceedings related to the Disputed Domain Name. ",
    "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 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": "\r\nThe Panel notes that a non-standard communication was submitted by the Registrant\/Respondent on 15 September 2011. Therein, the Registrant\/Respondent says he removed the website and is only using the email connected to the Disputed Domain Name.  I note however that Take Down appears to have been actioned by the website host acting as an intermediary ---not by the Registrant\/Respondent. \r\n\r\nI also note it would have been helpful to have historical WHOIS data and the contract of 2005.  \r\n\r\nHowever, 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.\r\n\r\n",
    "decision": "Accepted",
    "panelists": [
        "Victoria McEvedy"
    ],
    "date_of_panel_decision": "2011-10-03 00:00:00",
    "informal_english_translation": "The Complainant relies on its registered rights being UK national Trade Marks No.s: 2278751 2258699 2212056 2302742 1219092 1250917 2106573 and 2168092 and Community Trade Marks No.s E1356559 E2758704 E253989--(together the \"Le Shark Trade Marks\"). It acquired the registered marks in 2005 and is the registered proprietor of the same.  It also relies on its unregistered rights (arising from use in the UK since 1984).  The Complainant uses the Le Shark Trade Marks to market and sell Le Shark branded clothing, accessories and other goods in class 25. ",
    "decision_domains": {
        "LESHARK.COM": "TRANSFERRED"
    }
}