{
    "case_number": "CAC-UDRP-100635",
    "time_of_filling": "2013-07-24 15:03:33",
    "domain_names": [
        "buyonweb-hapaglloyd.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Hapag-Lloyd UK Limited"
    ],
    "complainant_representative": "TLT LLP",
    "respondent": [
        "Hapag Lloyd ()"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n1\tThis Complaint is submitted by TLT LLP, a firm of solicitors regulated in the United Kingdom by the Solicitors’ Regulation Authority, on behalf of Hapag-Lloyd UK Limited. \r\n\r\n2\tThe Czech Arbitration Court is requested to submit this Complaint for decision in accordance with the Uniform Domain Name Dispute Resolution Policy, the Rules for Uniform Domain Name Dispute Resolution Policy, and the CAC’s UDRP Supplemental Rules of the Czech Arbitration Court.\r\n\r\nThe Complainant\r\n\r\n3\tThe Complainant, Hapag-Lloyd UK Limited (Hapag-Lloyd) is a subsidiary of Hapag-Lloyd AG. Hapag-Lloyd AG is based in Hamburg and has origins dating back to 1847. \r\n\r\n4\tThe ultimate owners of Hapag-Lloyd AG and its subsidiaries are the Albert Ballin consortium (77.96%, consisting of the City of Hamburg, Kühne Maritime, Signal Iduna, HSH Nordbank, M.M.Warburg Bank and HanseMerkur) and the TUI AG (22.04%).\r\n\r\n5\tHapag-Lloyd AG and its subsidiaries are a leading global liner shipping company which operates from 300 locations in 114 different countries, worldwide. \r\n\r\n6\tHapag-Lloyd was incorporated in England and Wales on 15 January 1936 with company number 00309325. \r\n\r\nReputation\r\n\r\n7\tGiven the size and the history surrounding Hapag-Lloyd, it is a thoroughly established company and extremely well known throughout the world as a trusted and reputable business. \r\n\r\n8\tOver the years, Hapag-Lloyd AG and its subsidiaries have received numerous awards, including: \r\n\r\n8.1\t2013 Quest for Quality Award, awarded by Logistics Management Magazine;\r\n\r\n8.2\t2012 Ocean Carrier of the Year, awarded by Alcoa;\r\n\r\n8.3\t2012 Global Carrier of the Year, awarded by Hellmann Worldwide Logistics; and \r\n\r\n8.4\tExcellence Award 2011, awarded by Eastman Chemical Company.\r\n\r\nTrademarks\r\n\r\n9\t\"Hapag-Lloyd\" is an EU registered trademark with registration number EU002590479 (the 479 Mark). It was registered on 8 November 2005 and is registered in, amongst others, classes 35 (which covers transhipment matters and goods distribution) and class 39 (which covers freight forwarding and storage of goods of all kinds).\r\n\r\n10\tAs mentioned above in paragraph 4, TUI AG is part owner of Hapag-Lloyd. TUI AG is the registered owner of the 479 Mark. However, Hapag-Lloyd is a licensee of the 479 Mark and is duly authorised to rely upon it for the purposes of this \r\nComplaint. \r\n\r\nAbusive Registration \r\n\r\n11\t\"Hapag-Lloyd.Com\" was registered by the owners of Hapag-Lloyd on 8 August 1996. \"Buyonweb-HapagLloyd.Com\" (the Infringing Domain) was registered on 8 April 2013 by the Respondent. \r\n\r\n12\tIt is inconceivable that at the time of registration, the Respondent did not know of the similarity between the Infringing Domain and Hapag-Lloyd's domain as the Infringing Domain uses the 479 Mark. \r\n\r\n13\tIn fact, it is evident that the Respondent purposefully used Hapag-Lloyd's 479 Mark to create the impression that the Infringing Domain and the website at the Infringing Domain was owned by or at least associated with Hapag-Lloyd.\r\n\r\n14\tThe Respondent seeks to trick users into thinking that Hapag-Lloyd is associated with their site (the Site) at the Infringing Domain. This encourages users to purchase products from the Site as they believe that a well known, reputable business, will execute the delivery of their products.\r\n\r\n15\tThe Respondent has gone to great lengths to convince users that this is the case by stating, for example:\r\n\"Hapag Lloyd is the safest way to buy and sell online. The Buyer checks the quality of the merchandise before autorizing [sic] the payment and allows the Seller to use a safe way of accepting payment\".\r\n\r\n16\tTo reiterate, Hapag-Lloyd has nothing to do with the Site, the Infringing Domain, or the Respondent. The Respondent has no legitimate interest in the Site or the Infringing Domain as they are being used to defraud users into purchasing products that are never delivered. \r\n\r\n17\tHapag-Lloyd has received numerous calls from users chasing delivery of their products. They have therefore had to inform the users that the delivery of the products \/ the Site the user ordered the products from is not in any way associated with Hapag-Lloyd.  \r\n\r\n18\tThe Infringing Domain was registered in bad faith as the sole purpose for its registration was and is to trick users into believing that they have arrived at a site which is owned by or associated with a reputable company i.e. Hapag-Lloyd.\r\n\r\n19\tThe Site at the Infringing Domain has been suspended, however in order to protect Hapag-Lloyd, the use of the 479 Mark and users, we request that the Infringing Domain be transferred to Hapag-Lloyd.\r\n\r\n20                Please also be aware that the registrant has given its name as \"Hapag Lloyd\". This is further evidence of the fraud as this is not actually Hapag-Lloyd UK Limited or any subsidiary of Hapag Lloyd AG.\r\n \r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate 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": "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": [
        "Dominik Eickemeier"
    ],
    "date_of_panel_decision": "2013-08-29 00:00:00",
    "informal_english_translation": "\"Hapag-Lloyd\" is a registered Community Trademark (CTM) with registration number EU002590479. It was registered on 8 November 2005 and is registered in, amongst others, classes 35 (which covers transshipment matters and goods distribution) and class 39 (which covers freight forwarding and storage of goods of all kinds).\r\n\r\nTUI AG is the registered owner of the 479 Mark. Hapag-Lloyd is a licensee of the trademark and is authorized to claim the transfer of the disputed domain name to itself. ",
    "decision_domains": {
        "BUYONWEB-HAPAGLLOYD.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}