{
    "case_number": "CAC-UDRP-101635",
    "time_of_filling": "2017-08-09 11:42:06",
    "domain_names": [
        "sophiawebster-shoes.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Sophia Webster Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "abdulaziz rajkhan"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n(1) that the Domain Name registered by the Respondent is identical or confusingly similar to the trademarks or service marks in which the Complainant has rights; and,\r\n(2) that the Respondent has no legitimate interests in respect of the Domain Name; and,\r\n(3) that the Domain Name has been registered and used in bad faith.\r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other pending proceedings which relate to the Domain Name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nThe Complainant claims that the Domain Name is confusingly similar to the Complainant’s “SOPHIA WEBSTER” registered trademark; that the Respondent has no rights or legitimate interests whatsoever with respect to the Domain Name; and that the Respondent registered and is using the Domain Name in bad faith.\r\n\r\nSpecifically the Complainant claims that:\r\n\r\n1. Identity or Confusing Similarity\r\n\r\nThe Domain Name consists of the words \"SOPHIA WEBSTER” followed by the word \"shoes\", and SOPHIA WEBSTER is a registered trademark of the Complainant.\r\n\r\nThe Complainant has for over five years successfully used its trademarks in the area of fashion, primarily for shoes and handbags. The Domain Name is almost identical to the Complainant's registered trademark SOPHIA WEBSTER and the addition of the word 'shoes', which is the Complainant's primary product for which its trademarks are registered, adds confusion rather than avoid it. \r\n\r\n\r\nRights or Legitimate Interests\r\n\r\nThe Complainant has not licensed or otherwise permitted the Respondent to use any of its trademarks or to apply for any domain name incorporating any of those marks. The Respondent has not replied to the cease and desist letter sent by the Complainant (on 7 March 2017), to cite any circumstance that could demonstrate its rights on or legitimate interests in the Domain Name. The Respondent has no rights on or legitimate interests in the Domain Name. \r\n \r\nRegistration and Use in Bad Faith\r\n\r\n\r\nThe Respondent has used the Domain Name to steal images of the Complainant’s products and purport to offer them for sale when the Respondent has no right to do so.\r\n\r\nAs the Respondent is using content apparently taken from the Complainant's genuine website, then the Respondent clearly had prior knowledge of the Complainant's prior rights.\r\n\r\nBy refusing to remove the website and transfer the Domain Name, the Respondent knowingly prolongs a situation which is at odds with the legal rights of the parties involved, and knowingly obstructs the registration of the Domain Name in the name of the Complainant and its subsequent use by the Complainant.\r\n\r\nIn the case at hand, such obstruction is tantamount to the examples of evidence of use in bad faith mentioned under Paragraph 4b of the Policy.\r\n\r\nThe Respondent is making commercial gain by pretending to sell the Complainant's products, and it is most likely phishing for credit card details and customers' personal data. \r\n\r\nRESPONDENT:\r\n\r\nNO 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": [
        "Dr.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2017-09-08 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademark registrations for   “SOPHIA WEBSTER” including: \r\n\r\nEuropean Union registration number E62861143 for “SOPHIA WEBSTER”, registered on July 4, 2013 and international registration number 1267537 for \"SOPHIA WEBSTER\", registered on May 14, 2015.\r\n\r\nThe Domain Name <sophiawebster-shoes.com> was registered on February 16, 2017 by the Respondent, Abdulaziz Rajkhan.",
    "decision_domains": {
        "SOPHIAWEBSTER-SHOES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}