{
    "case_number": "CAC-UDRP-101461",
    "time_of_filling": "2017-02-28 13:11:03",
    "domain_names": [
        "SBKACCESSORIES.COM"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "DORNA WSBK ORGANIZATION S.R.L."
    ],
    "complainant_representative": "desimone & partners",
    "respondent": [
        "SAWEBS INTERNET SOLUTION"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is the owner of trade marks containing or consisting of SBK in a number of jurisdictions, including the home jurisdiction of the Respondent, being South Africa.\r\n\r\nSBK and SBK Championship has been used by the Complainant and its predecessors in title relation to an international motor sport event since 1988. The Complainant asserts, and the panel accepts, it has a global reputation and is broadcast all over the world.\r\n\r\nThe Registrant of the disputed domain name is Sawebs Internet Solutions. According to a WHOIS extract provided by the Complainant the Registrant's address is in South Africa and the disputed domain name was first registered on 1 May 2010.\r\n\r\nThe disputed domain name resolved to a website which offered for sale accessories relating to motorcycles and motor sport. In the banner at the top of the page was an image of what appeared to be a motorcyclist on a road motorcycle in racing attire.\r\n\r\nIn the CONTACT US section of website it stated: \r\n\r\n\"sbkaccessories\" is currently owned and operated by myself ( i.e. Brett Van Laun), Mark, with the assistance of my wife Chantal and was established in the beginning of 2010. We are based in the Durban area of South Africa but distribute across South Africa and internationally from time to time. Bikes have been my main passion and hobby for as long as I can remember (…). I started sbkaccessories with the intention of making a second income doing something that i'm really passionate about and god willing (…). From sbkaccessories you will be able to purchase top name brands such as Puig, Powerbronze, Skidmarx, Two-Brothers, Arai, Renthal and so on as well as proudly South African manufactured accessories and our own \"sbk\" accessories (…). I operate the business online from home and keep minimal stock on hand due to space constraints and also to keep overheads to a minimum”. \r\n \r\nOn the 28 September 2016 the Complainant, through their lawyers, sent a warning letter requesting the assignment of the contested domain name. The letter was sent by fax, mail and email. The facsimile did not appear to be received as the number was invalid. However no such issue was known to be apparent in relation to the mail and email.   \r\n\r\nThe Registrant did not reply to either the mail or email version of the letter.",
    "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.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed 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 disputed 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 disputed 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": [
        "Mr Andrew Norman Sykes"
    ],
    "date_of_panel_decision": "2017-04-05 00:00:00",
    "informal_english_translation": "The Complainant states and provides evidentiary documentation that is the owner of a number of trade marks containing or consisting of the word SBK. For example:\r\n\r\nEU Registration No. 000291427 SBK SUPERBIKE WORLD CHAMPIONSHIP logo filed in 1996 for various goods and services in classes 25, 28, 38 and 41 including \"sporting articles\" and \"sporting and cultural activities\".\r\n\r\nSouth African Registration No. 2009\/08376 SBK filed in 2009 for various services in class 41 including \"sporting and cultural activities\".",
    "decision_domains": {
        "SBKACCESSORIES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}