{
    "case_number": "CAC-UDRP-101469",
    "time_of_filling": "2017-03-14 09:41:54",
    "domain_names": [
        "MAN-USED.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "MAN Truck & Bus AG"
    ],
    "complainant_representative": "RA Mark Peters LL.M. (Grünecker Patent- und Rechtsanwälte PartG mbB)",
    "respondent": [
        "Lewis  Michael"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n1. The Disputed domain name is confusingly similar to the Complainant's trademarks\r\n\r\nThe Disputed domain name is confusingly similar to the Complainant's trademarks, as it contains the initial and final element of the Complainant's trademark. Only the middle element \"top\" is omitted, which regularly receives less attention by the relevant public than the initial and the final element. At least parts of the relevant public have also apparently not noticed the differences between the Complainant`s trademarks\/authentic domain name, as potential buyers responded to the fake offers considering them as authentic and at least one buyer paid a deposit for an allegedly purchased truck.\r\n\r\n2. The Respondent does not have any rights or legitimate interest in the Disputed domain name\r\n\r\nThe Respondent is not affiliated in any way with the Complainant. The Disputed domain was registered by the Respondent for exclusively fraudulent purposes, as fake offers for trucks were sent to transporting companies across Europe via the email address (discount@man-used.com) based on the Disputed domain name. Interested buyers responding to the email address discount@man-used.com were asked to pay substantial deposits. The use of the Disputed domain name and the email address based on the Disputed domain name provided the necessary credibility required for inducing potential buyers to respond to the offers and pay the requested deposits. Additional credibility was created by the fact that users accessing the Disputed domain name, were automatically referred to the Complainant's website.\r\n\r\n3. The Disputed domain name has been registered and is being used in bad faith\r\n\r\nThe Disputed domain name was registered on January 10, 2017. The first fake discount offers the Complainant is aware of were sent by the Respondent on January 15, 2017 using the email address discount@man-used.com. The emails, offers and invoices were held in the corporate design of the Complainant, creating the impression that they were authentic. The Respondent is attempting to pass itself off as the Complainant by using its registered trademarks in violation of the Policy.\r\n\r\nThe Complainant therefore finds that the Respondent has registered the Disputed domain name in bad faith and has used the Disputed domain name to attract Internet users by creating a likelihood of confusion with the Complainant’s trademarks as to source, affiliation or endorsement, in the meaning of paragraph 4(b)(iv) of the Policy, and thus has acted in bad faith.\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings 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).\r\n\r\nThe domain name contains the initial and final element of the Complainant's trademark. Although the middle element \"top\" is omitted, the Panel is of the opinion that it can be upheld that it receives less attention by the relevant public than the initial and the final element. As has been proven by the Complainant, at least several customers have apparently not noticed the difference between the Complainant`s trademarks\/authentic domain name. The Panel holds that these examples can serve as examples for the relevant public, namely those interested in the market for second hand heavy trucks. Potential buyers responded to the false offers. The buyers considered the offers as authentic and at least one buyer paid a deposit for an allegedly purchased truck, and was confused and mislead.",
    "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).\r\n\r\nThe Respondent is not affiliated in any way with the Complainant. The Disputed domain name was registered by the Respondent for exclusively fraudulent purposes. False offers for trucks were sent to transporting companies throughout Europe via the email address (discount@man-used.com) based on the Disputed domain name. \r\n\r\nInterested buyers responding to the email address discount@man-used.com were asked to pay deposit amounts. The use of the Disputed domain name and the email address based on the Disputed domain name provided the necessary credibility required for inducing potential buyers to respond to the offers and pay the requested deposits. \r\n\r\nAdditional credibility was created by the fact that users accessing the Disputed domain name, were automatically referred to the Complainant's website.\r\n\r\nThe Respondent has thereby clearly demonstrated an illegal interest in the Disputed domain name.\r\n",
    "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).\r\n\r\nEmails, offers and invoices were issued copying the corporate design of the Complainant, creating the impression that they were authentic MAN Truck & Bus AG documents. The Panel finds that it is proven that the Respondent is attempting to present itself as the Complainant by using its registered trademarks.\r\n\r\nThe Disputed domain name was used for sending emails to various transporting companies with false offers for trucks, allegedly sold by the Complainant respectively its subsidiaries. The false offers were based on authentic offers published by the Complainant on its authentic www.man-topused.com website, only the prices were significantly reduced and the contact details were exchanged. The false offers contained an email address based on the Disputed domain name, namely discount@man-used.com. \r\n\r\nPotential buyers responding to this email address, received false pro forma invoices and were requested to pay deposits to a bank account, which was based on a prepaid credit card issued by Poste Italiane S.P.A.. Payments received on this account, were immediately withdrawn via cash machines in Italy. \r\n\r\nThese fraudulant acts together make clear that the Disputed domain name has been registered in bad faith in order to mislead buyers of used trucks.\r\n\r\nThe Respondent has registered the Disputed domain name in bad faith and has used the Disputed domain name to attract Internet users by creating a likelihood of confusion with the Complainant’s trademarks as to source, affiliation or endorsement, in the meaning of paragraph 4(b)(iv) of the Policy. The Respondent has thus acted in bad faith.\r\n\r\nAs the Respondent failed to object to the above-mentioned Complainant's allegations, the Panel concludes that the aforementioned assertions are true.",
    "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. E.J.V.T. van den Broek"
    ],
    "date_of_panel_decision": "2017-04-10 00:00:00",
    "informal_english_translation": "The Complainant validly owns the following trademark registrations:\r\n\r\nGerman Trademark Registration no. 30644424 \"Man TopUsed\" (&device) registered with priority of 18.7.2006 in international classes 12, 35, 36, 39\r\n\r\nEUTM no. 010158012 \"MAN TopUsed\" registered with priority of 28.07.2011 for international classes 12, 35, 36, 39\r\n\r\nInternational Trademark registration no. 920080 \"MAN TopUsed\" (&device) with priority of 18.07.2006 for international classes 12, 35, 36, 39 with protection in AL, AM, AZ, BA, BG, BY, CH, EG, EM, GE, HR, KE, KG, KZ, LI, MD, ME, MK, NO, RO, RS, RU, SD, TJ, TM, TR, UA, UZ\r\n\r\nInternational Trademark registration no 542762 MAN (&device) with priority of 25.8.1989 for international classes 7,12,37 with protection in AM, AT, AZ, BG, BX, CH, DE, DZ, EE, EG, ES, FR, GE, HU, IT, KG, KZ, LI, LT, LV, MA, MD, ME, PT, RO, RS, RU, SK, TJ, TM, UA, UZ,\r\n\r\nand,\r\n\r\nInternational Trademark registration no. 863418 MAN (&device) with priority of 24.06.2005 for international classes 16,25,35 with protection in CH, EM, NO, TR\r\n\r\n",
    "decision_domains": {
        "MAN-USED.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}