{
    "case_number": "CAC-UDRP-100910",
    "time_of_filling": "2015-01-19 11:27:51",
    "domain_names": [
        "IAMSBK.COM"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "DORNA WSBK ORGANIZATION S.R.L. "
    ],
    "complainant_representative": "desimone & partners",
    "respondent": [
        "ERIC WHITE"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT\r\n\r\nThe “SBK” is an acronym for “superbike” and is associated with “World Superbike Championship”  \r\n\r\nIn the 22 years of its history, the World Superbike Championship has had a major impact on the development and engineering of modern sport motorcycles and become generally recognised all around the world by professionals as well as motor racing fans.\r\n\r\nIn March of 2013 the Spanish Group DORNA took over the SBK motor racing (including organisation of the World Superbike Championship) by establishing a new entity, the DORNA WSBK Organization S.r.l. which acts as a Complainant in this dispute.\r\n\r\nThe Complainant is a holder of various registered national, international (WIPO) as well as community trademarks (CTMs) that consist of the denomination SBK, the most relevant ones being described in more detail above.\r\n\r\nThe disputed domain name was registered on 25 April 2012.\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "other_legal_proceedings": "The Panel is unaware of any other pending or decided  proceedings which relate to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\n(I)\tCOMPLAINANT:\r\n\r\nThe Complainant claims that the disputed domain name is confusingly similar to its trademarks (as listed above), since it incorporates SBK denomination which forms the dominant parts of the said trademarks. The Complainant namely asserts that inclusion of the non-distinctive part “IAM” into the disputed domain name (before the distinct element “SBK”) cannot prevent confusing similarity between the disputed domain name and the said trademarks. \r\n\r\nOn the contrary, this may lead to false impression that the disputed domain name and the website operated under it is the genuine and official website associated with SBK, World Superbike Championships.\r\n\r\nThe Complainant therefore contends that the disputed domain name alone as well as any website which may be under it creates an overall impression that they are connected to the Complainant’s trademarks and its business.\r\n\r\nThe Complainant also presents facts and evidence to show that the disputed domain name has been registered and used in bad faith and that the Respondent has no rights or legitimate interest to the disputed domain name, in particular because it used the disputed name for proposes of attracting public to its website, which was not in any way affiliated with the Complainant and its business and that it failed to respond to various requests and correspondence addressed to it in relation to the disputed domain name.\r\n\r\nIn this respect, the Complainant has presented to the Panel the following evidence, which has been assessed by the Panel:\r\n\r\n- List of Complainant’s  registered trademarks “SBK” and registration certificates thereof;\r\n\r\n- List of Complainant’s domain names incorporating the “SBK” denomination;\r\n\r\n- Printout of the screenshots of the website www.iamsbk.com from December 2014;\r\n\r\n- Various evidence of reputation of SBK trademarks;\r\n\r\n- Copy of Complainant's warning letter to Respondent, dated 16 December 2014.\r\n\r\n \r\n\r\n(II)\tRESPONDENT:\r\n\r\nThe Respondent has not provided any response to the complaint.\r\n\r\n\r\n",
    "rights": "The Panel concluded that the disputed domain name is confusingly similar to trademarks in which the Complainant has rights within the meaning of paragraph 4(a)(i) of the Uniform Dispute Resolution Policy (“UDRP” or “Policy”).\r\n\r\nFor details, see \"Principal Reasons for the Decision\".\r\n",
    "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).\r\n\r\nFor details, see \"Principal Reasons for the Decision\".\r\n",
    "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).\r\n\r\nFor details, see \"Principal Reasons for the Decision\".\r\n",
    "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": [
        "JUDr. Jiří Čermák"
    ],
    "date_of_panel_decision": "2015-03-06 00:00:00",
    "informal_english_translation": "The Complainant is the registered holder of, inter alia, the following trademarks:\r\n\r\n(i)\tSBK (word), Community trademark (CTM), application date 27 September 2005, registration date 30 April 2010, application no. 4615936, registered for goods in the international class 4;\r\n\r\n(ii)\tSBK (word), Community trademark (CTM), application date 27 September 2005, registration date 10 July 2007, application no. 5758404, registered for goods and services in the international classes 9, 14, 16, 18, 25, 28, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, and 43; and\r\n\r\n(iii)\tSBK (word), Community trademark (CTM), application date 10 March 2005, registration date 10 March 2011, application and registration no. 9799453, registered for goods and services in classes 6, 12, and 34.\r\n\r\nMoreover, the Complainant holds various domain names incorporating the “SBK” denomination under various top level domain and operates various websites under such  domain names\r\n",
    "decision_domains": {
        "IAMSBK.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}