{
    "case_number": "CAC-UDRP-100634",
    "time_of_filling": "2013-07-24 13:05:12",
    "domain_names": [
        "escrow-hapaglloyd.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Hapag-Lloyd UK Limited"
    ],
    "complainant_representative": "TLT LLP",
    "respondent": [
        "Gary Cottrill"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, Hapag-Lloyd UK Limited was incorporated in England and Wales on 15 January 1936 with company number 00309325. The Complaianant  is a subsidiary of Hapag-Lloyd AG which is based in Hamburg and has origins dating back to 1847. \r\n\r\nThe 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%). Hapag-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\nHapag-Lloyd  is an EU registered trademark with registration number EU002590479 (the 479 Mark).  It was registered on 08 November 2005 including classes 35 (for transhipment matters and goods distribution) and class 39 (for freight forwarding and storage of goods of all kinds).\r\n\r\nTUI AG is the registered owner of the 479 Mark. The Complainant is part owned by TUI AG and is  licensed to use the 479 Mark . \r\n\r\nThe disputed domain name, escrow-hapaglloyd.com,  was registered  on 3 June 2013. \r\n\r\nThe Complanant, Hapag-Lloyd, asserts that:\r\n\r\n(i)  \"Hapag-lloyd.com\" was registered by the owners of Hapag-Lloyd on 08 August 1996. \"Escrow-hapaglloyd.com\" (the Infringing Domain) was registered on 03 June 2013 by the Respondent; \r\n\r\n(ii) it 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\n(iii) 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\n(iv) the 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\n(v) the 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\n\"Hapag Lloyd ships international packages. So whether it's around the world or around the corner – more customers trust us with their packages\".\r\n\r\n(vi)  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\n(vii) Hapag-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;  and\r\n\r\n(viii) the 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\n",
    "other_legal_proceedings": "The Panel is not aware of any 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\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\nThe language of the Registration Agreement between the Registrar and the Respondent is Russian. The Complainant has asked for the language of the proceeding be changed from Russian to English. \r\n\r\nThe Respondent has not objected to the Complainant's request to change the language to English.    The Respondent's address is in the U.K. and it is likely that he understands English. The language of the website corresponding to the disputed domain name (currently suspended ) is English.  The disputed domain name incorporates the English word 'escrow'.  Given these circumstances the Panel determines, in accordance with paragraph 11(a) of the UDRP Rules, that the language of the proceeding be English.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Mrs Veronica  Marion Bailey"
    ],
    "date_of_panel_decision": "2013-09-13 00:00:00",
    "informal_english_translation": "The Complainant is the licensee of the registered trade mark Hapag-Lloyd with registration number EU002590479 registered on 08 November 2005, including classes 35 and 39.\r\n",
    "decision_domains": {
        "ESCROW-HAPAGLLOYD.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}