{
    "case_number": "CAC-UDRP-100321",
    "time_of_filling": "2011-10-17 10:28:41",
    "domain_names": [
        "ECCOSKOUDSALG.COM"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "ECCO Sko A\/S"
    ],
    "complainant_representative": null,
    "respondent": [
        "wangzhenhua"
    ],
    "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. Furthermore, the first part of the disputed domain name corresponds to the company name of Complainant (ECCO Sko A\/S). 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\nThe trademark ECCO \/ company name ECCO Sko 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 and company name for selling goods which are very likely counterfeit. The provision of false whois information is a further evidence of bad faith. 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\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of other legal proceedings related to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\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": "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\nIn view of the circumstances of the case, including the undisputed allegations of Complainant that the homepage using the disputed domain name is partly in English and partly in Danish and that the goods offered on sale are often referred to with descriptive terms in English, and the fact that Respondent has been given a fair chance to object but has not done so, the Panel determines in accordance with paragraph 11(a) of the UDRP Rules that the language of the proceeding is English.",
    "decision": "Accepted",
    "panelists": [
        "Dinant T.L. Oosterbaan"
    ],
    "date_of_panel_decision": "2011-11-16 00:00:00",
    "informal_english_translation": "Complainant is the owner of the trademark ECCO registered in several jurisdictions worldwide, inter alia the following:\r\nCommunity Trademark Reg. No. 001149871, reg. date 06\/02\/2003\r\nCommunity Trademark Reg. No. 002967040, reg. date 02\/05\/2007\r\nUS Trademark Reg. No. 1935123, reg. date 14\/11\/1995\r\nCanadian Trademark Reg. No. 280654, reg. date 26\/3\/1983\r\nAustralian Trademark reg. No. 375267, reg. date 10\/5\/1982\r\nChinese Trademark Reg. No. 208743, reg. date 30\/5\/1984.\r\n",
    "decision_domains": {
        "ECCOSKOUDSALG.COM": "TRANSFERRED"
    }
}