{
    "case_number": "CAC-UDRP-101601",
    "time_of_filling": "2017-09-29 11:06:05",
    "domain_names": [
        "noisymayjeans.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Bestseller A\/S"
    ],
    "complainant_representative": null,
    "respondent": [
        "Moza Siders"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nAs appears from the foregoing, the Complainant is a member the BESTSELLER Group, and one of its brands is NOISY MAY .The NOISY MAY marks referred to above are owned by Aktieselskabet af 21. November 2001, which is part of the BESTSELLER Group. Copies of the registration certificates and excerpts from the official trademark databases were attached to the Complaint. The Panel has examined those certificates and excerpts and accepts them as evidence of the NOISY MAY marks and their registration.\r\n\r\nBESTSELLER also owns many domain names incorporating the NOISY MAY mark, including noisymay.com, noisy-may.com, noisymay.dk, noisymay.de and noisymay.store. Copies of the WHOIS information on the domain names were attached to the Complaint.\r\n\r\nBESTSELLER is a family-owned Danish fashion company selling and distributing clothing, shoes and accessories worldwide under a variety of trademarks such as VERO MODA, JACK & JONES, ONLY and NOISY MAY.\r\n\r\nThe disputed domain name was registered on 29 December 2016 whereas the Complainant's NOISY MAY marks were registered in 2013 and 2014 . The disputed domain name is being used to resolve to a website being used to sell unauthorized NOISY MAY clothing and appearing as an official NOISY MAY online store.\r\n\r\nThe Complainant sent a cease and desist letter to the registrant of the NOISYMAYJEANS.COM domain name on the 22 August 2017, notifying the registrant of its prior rights. The registrant of the disputed domain name NOISYMAYJEANS.COM did not respond to the cease and desist letter.\r\n \r\n\r\nThe Complainant argues as follows:\r\n\r\n1.\tTrademark Infringement\r\n\r\nThe disputed domain name NOISYMAYJEANS.COM (Hereinafter the “Disputed Domain Name”) contains THE NOISY MAY trademark in its entirety and only differs from NOISY MAY by the addition of the word JEANS at the end of the domain name. The word JEANS is descriptive for the goods offered for sale on the website of the Disputed Domain Name. NOISYMAYJEANS.COM is as such both visually, aurally and conceptually very similar to our NOISY MAY trademark.\r\n\r\nRegarding the similarity of goods, the goods for which the NOISY MAY marks have been registered, and for which the Complainant currently uses the trademark NOISY MAY are, among others, clothing, jeans, shirts, jackets and leather clothing which are identical to the goods offered for sale on the website of the Disputed Domain Name.\r\n\r\nThe website does not aim at any particular market, as it seems to ship the offered goods worldwide.\r\n\r\nAs the Disputed Domain Name is both visually, aurally and conceptually very similar to the NOISY MAY marks and as the goods offered for sale on the website of the Disputed Domain Name are identical to the goods for which the trademarks have been registered, the Disputed Domain Name is confusingly similar to the registered  NOISY MAY trademarks. \r\n\r\nFollowing from the above, the Disputed Domain Name is confusingly similar to BESTSELLER’s NOISY MAY trademarks and is infringing the trademark rights of BESTSELLER, within the meaning of paragraph 4(a)(i) of the ICANN Uniform Domain Name Dispute Resolution Policy (Hereinafter the “Policy”).\r\n\r\n2.\tNo Rights or Legitimate Interests in the Disputed Domain Name\r\n\r\nBESTSELLER has neither authorized the registrant of the Disputed Domain Name to use the NOISY MAY marks nor to sell NOISY MAY goods. The registrant of the Disputed Domain Name gives the appearance an official NOISY MAY online store, through the use of BESTSELLER’s copyright protected images on the website.\r\n\r\nFurthermore, it appears that the registrant is not able to deliver the goods which are marketed on the website. This appears from the fact that BESTSELLER has been contacted by a consumer who purchased goods from the website of the Disputed Domain Name believing that it was an official NOISY MAY dealer, but not received any goods.\r\n\r\nThe Disputed Domain Name is therefore not being used in a legitimate non-commercial or fair way and only intends to attract as many internet users as possible, pretending to sell them NOISY MAY goods.\r\n\r\nFurthermore, the registrant of the Disputed Domain Name has no trademark registrations on any part of the Disputed Domain Name and there is nothing whatsoever which indicates that the registrant has any legitimate interests in the disputed domain. \r\n\r\nConsequently, the registrant of the Disputed Domain Name does not have any rights or legitimate interests in the disputed domain name within the meaning of paragraph 4(a)(ii) of the Policy.\r\n\r\n3.\tBad Faith\r\n\r\nThe website of the Disputed Domain Name is using, not only BESTSELLER’s registered trademark all over the website, but BESTSELLER’s copyright protected images as well. The website of the Disputed Domain Name furthermore appears as an official NOISY MAY online store selling BESTSELLER’s NOISY MAY goods.\r\n\r\nHowever, as has been noted, it seems as if the site is not selling goods at all, which substantiates that the Disputed Domain Name has been registered in bad faith.\r\n\r\nThere can be no doubt, the Complainant submits, that the Disputed Domain Name was not registered in, and is not currently being used in good faith, when the registrant is, and has been, intentionally using BESTSELLER’s registered trademark and copyright protected images on the website, as well as images which appear to have been taken directly from the website of the Complainant's wholesale customer ASOS.com Ltd, so as to appear as an official NOISY MAY online store, authorized by BESTSELLER. Therefore, the registrant of the Disputed Domain Name has been intentionally attempting to attract internet users to the website for commercial gain, by creating a likelihood of confusion with BESTSELLER’s NOISY MAY trademark, attempting to show an affiliation with the website by BESTSELLER, within the meaning of paragraph 4(b)(iv) of the Policy.\r\n\r\nFor the reasons stated above, the Disputed Domain Name has been registered and is being used in bad faith by the registrant within the meaning of paragraph 4(a)(iii) of the Policy.\r\n",
    "other_legal_proceedings": "None of which the Panel is aware.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "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": [
        "The Hon. Neil Brown, QC"
    ],
    "date_of_panel_decision": "2017-11-01 00:00:00",
    "informal_english_translation": "The Complainant has rights in the following registered trademarks for NOISY MAY by virtue of the fact that they are owned by  Aktieselskabet af 21. November 2001, which is part of the BESTSELLER Group of which the Complainant is a member:\r\n\r\n(a)  European Union trademark (No.  011299054, registered on 09\/05\/2013);\r\n\r\n(b)  United States trademark  (No. 4,536,290, registered on 27\/05\/2014); and \r\n\r\n(c) China trademark (No. 11675855, registered on 07\/04\/2014) \r\n\r\n(collectively \" the NOISY MAY mark\"). \r\n\r\nThe Complainant and Aktieselskabet af 21. November 2001 are hereafter referred to as \"the Complainant \" or \"BESTSELLER.\"\r\n\r\nThe Disputed Domain Name was registered by the Respondent on 29 December 2016. ",
    "decision_domains": {
        "NOISYMAYJEANS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}