{
    "case_number": "CAC-UDRP-100357",
    "time_of_filling": "2011-12-16 14:38:30",
    "domain_names": [
        "ECCO-STOVLER.COM",
        "ECCOUDSALG.NET"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "ECCO Sko A\/S"
    ],
    "complainant_representative": "Chas. Hude A\/S",
    "respondent": [
        "linmaojian"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nLanguage\r\nNotwithstanding the fact that the Registration Agreement is very likely in Chinese, the Complainant respectfully requests that the language of the proceedings be English.\r\n\r\nThe FAQ page under the disputed domain names is in English and a part of the text of the website is in English – see e.g. annex 12. This circumstance shows that the Respondent has a good command of the English language and would not be disadvantaged if the proceedings were conducted in English. \r\n\r\nLegal basis\r\nThe disputed domain names contain Complainant's trademark ECCO in full. The addition of the generic terms STOVLER (a misspelling of the Danish word “støvler”, meaning “boots”) and UDSALG (which means “sale \/ clearance sale”) does not preclude but even enhance the risk of confusion \/ likelihood of association with the Complainant’s trademark and company name. Therefore, the disputed domain names are 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. Accordingly, Respondent has no rights or legitimate interests in respect of the domain names (policy, Par. 4 (a)(11)).\r\n\r\nThe fact that the Complainant’s trademark ECCO constitutes the dominant element of the disputed domain names, and that the Complainant’s logo is used by the Respondent without the rightful owner’s authorization constitute strong evidence of the fact that the Respondent is attempting to divert Internet users to his domain names by creating a likelihood of confusion with the Complainant’s trademarks, company name and domain names. \r\n\r\nFurthermore, the Respondent is exploiting the goodwill attached to Complainant's trademarks for selling goods which are very likely counterfeit as well as goods bearing third parties’ trademarks. \r\n\r\nFinally, the Complainant claims that the Respondent has provided false whois information. \r\n\r\nFor 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 argues that the disputed domain names have been registered and are bring 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\nCase No. 100311, UKECCOSHOES.NET\r\nCase No. 100321, ECCOSKOUDSALG.COM\r\nCase No. 100312, ECCOSALEONLINE.COM\r\nCase No. 100305, ECCOONLINESALE.COM\r\nCase No. 100327, ECCOONLINESALEUSA.COM\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": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the disputed domain names.",
    "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 Names are 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 Names (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 Names have been registered and are 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\nAlthough the Complaint was filed in English and the registrar has stated that the language of the registration agreement is Chinese, the Panel exercises its authority pursuant to Paragraph 11(a) of the Rules, \"having regard to the circumstances of the administrative proceeding,\" to allow these proceedings to occur in English. In this regard, the Panel notes that the Complainant has stated that \"The FAQ page under the disputed domain names is in English and a part of the text of the website is in English.... This circumstance shows that the Respondent has a good command of the English language and would not be disadvantaged if the proceedings were conducted in English.\" Allowing this proceeding to occur in English is consistent with numerous decisions under the UDRP, including at least one decision brought by the same Complainant as in the instant case, before the same panel, ECCO SKO A\/S v. linlin, CAC Case No. 100278 (transfer of <eccoshoesuk.net>). This Panel finds similar factual circumstances in this case.",
    "decision": "Accepted",
    "panelists": [
        "Douglas M. Isenberg"
    ],
    "date_of_panel_decision": "2012-01-30 00:00:00",
    "informal_english_translation": "Complainant has cited multiple trademark registrations for ECCO for use in connection with footwear, including Community Trademark Reg. Nos. 001149871 and 002967040; U.S. Reg. No. 1,935,123; Canadian Reg. No. 280654; Australian Reg. No. 375267; and Chinese Reg. No. 208743.",
    "decision_domains": {
        "ECCO-STOVLER.COM": "TRANSFERRED",
        "ECCOUDSALG.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}