{ "case_number": "CAC-UDRP-100715", "time_of_filling": "2016-11-25 10:39:05", "domain_names": [ "amayani.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Juwelo TV Deutschland GmbH" ], "complainant_representative": null, "respondent": [ "CosmosVictory" ], "respondent_representative": null, "factual_background": "The Complainant asserts the following facts, all of which are not contested by the Respondent:\r\n\r\n\"The Complainant uses the trademark AMAYANI for a line of precious jewelry which is sold through their shopping channel Juwelo TV and their website juwelo.de\". Further, \"the Complainant also owns the domain amayani.de which is used to present the jewelry products sold under the trademark AMAYANI and to inform about the manufacturing, care and treatment of these products\".\r\n\r\n\"With email of 14th October 2016 Mr. Paul Lullen a Domain Broker of the firm Uniregistry Corp. contacted the Complainant in the name of the Respondent and requested a for selling the domain amayani.com\" and \"[t]o avoid long and expensive legal disput the Complainant offered 1,000.00 USD for the transfer of the domain, but not without pointing out their valid claim to the domain amayani.com because of their trademark rights\". However, \"[t]he Complainant did not receive any answer from the Respondent to their letter.\"\r\n\r\n\"The domain amayani.com is currently not in use. When calling up the page, a notice appears that loading the page content has failed. The domain was also offered for sale with the invitation: . It also contains a link to the website domainnamesales.com. At this website, an offer could be made by submitting name, email address and phone number\".\r\n\r\n\"The domain was registered on 6th November 2015 by the Respondent\".\r\n\r\n\"The domain amayani.com is identical with the German and EU trademark AMAYANI of the Complainant\" and \"[t]he presence of the <.com> generic top-level-domain is negligible\".\r\n\r\nThe Complainant submits that the Respondent lacks rights or legitimate interests in respect of the disputed domain name because, inter alia, \"[t]he Respondent is not making legitimate non-commercial or fair use of the domain. The Respondent rather only uses the domain amayani.com to receive buying offers for the domain\"; \"[t]he Respondent is not commonly known as and the Respondent is not owner of trademarks consisting of the word \"; \"[t]he Complainant has not authorized the Respondent to use the trademark AMAYANI\"; \"[t]he registration of the protected trademarks precedes the registration of the domain amayani.com\"; the \"name or the contact details of the Respondent contain no reference to \".\r\n\r\nFurthermore, the Complainant submits that the disputed domain name has been registered and is being used in bad faith because, inter alia, \"[t]he Respondent registered the contested domain primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant who is the owner of the trademark AMAYANI or to a competitor of that Complainant, for valuable consideration in excess of the documented out-of-pocket costs directly related to the domain name and in order to prevent the Complainant as the owner of the trademark AMAYANI from reflecting the mark in the corresponding domain name\"; \"[t]here is no reason for the Respondent to use the AMAYANI trademark other than try to sell the domain to the Complainant and prevent the Complainant from registering a corresponding domain\"; \"there is no indication of the Respondent’s use of, or demonstrable preparations to use the disputed domain name in connection with a bona fide offering of goods and services. The Respondent has rather actually tried to sell the domain to the Complainant with email of 14th October 2016 price and thus, to a price which exceeded the registration costs\"; \"[t]he domain is also equipped with an invitation to submit an offer and a button to facilitate the submission of the offer. Due to the trademark protection of the sign AMAYANI in favor of the Complainant this invitation is aimed primarily at the Complainant\"; \"[t]he advertising of the domain name for sale and the email offering the sale of the domain for a serious 5 figure amount, combined with the refusal of the monetary offer made by the Complainant which would have more than covered any relevant expenses clearly show bad faith\".", "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 name.", "no_response_filed": "No administratively compliant response has been filed.", "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": [ "Avv. Ivett Paulovics" ], "date_of_panel_decision": "2017-01-10 00:00:00", "informal_english_translation": "The Complainant states and provides evidentiary documentation that it is \"the owner of the German trademark AMAYAN\", No. 302010033725\" (filed on June 7, 2010 and registered on August 24, 2010) and \"the EU trademark AMAYANI, No. 009801663\" (filed on March 10, 2011 and registered on August 22, 2011), which are registered and used inter alia for jewelry products in the International class 14.", "decision_domains": { "AMAYANI.COM": "TRANSFERRED" } }