{
    "case_number": "CAC-UDRP-100532",
    "time_of_filling": "2012-11-21 15:21:18",
    "domain_names": [
        "MOUNTGAYRUM.MOBI"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Mount Gay Distilleries Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Mobile Solution Engineers"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n- The Respondent is introduced as “Mount Gay Distilleries Ltd. of Barbados” with the customers and attempts to create a risk of confusion with the Internet users and to divert them to his online shop.\r\nSee Oki Data Americas Inc v ASD Inc, WIPO Case No. D2001-0903., the Respondent can't register the domain name incorporating the Complainant's mark which would suggest to a visitor to the website that it is a genuine online shop or licenced.\r\n\r\n- Given the distinctiveness of the Complainant's mark it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's marks and uses it for the purpose of misleading and diverting Internet traffic.  \r\nSee Ferrari S.p.A v. American Entertainment Group. Inc, WIPO Case No.D2004-0673.\r\n",
    "other_legal_proceedings": "The panel is not aware of any other pending proceedings.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT is of the opinion its marks and the domain name in question are confusingly similar, no legitimate interests or rights of the Respondent are known and that the domain name registration was done in bad faith as can be derived by the related webpage under the disputed domain name showing information about the Complainant and its products.\r\n\r\nNo response was filed from Respondent. However, the technical contact of the domain name communicated to the CAC that he had registered the site in view of an ongoing IT project with Complainant which might have not been continued.  \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": "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": [
        "Dietrich Beier"
    ],
    "date_of_panel_decision": "2012-12-21 00:00:00",
    "informal_english_translation": "The Complainant is proprietor of several trademarks containing the word elements \"MOUNT GAY\" as well as the valid word mark CTM 000156034 MOUNT GAY for several classes, inter alia 32 and 33.",
    "decision_domains": {
        "MOUNTGAYRUM.MOBI": "TRANSFERRED"
    }
}