{
    "case_number": "CAC-UDRP-101748",
    "time_of_filling": "2017-11-20 09:26:48",
    "domain_names": [
        "philipp-pleins.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "philipp plein"
    ],
    "complainant_representative": "Andrea Mascetti (Barzano&Zanardo Milano S.p.A.)",
    "respondent": [
        "Chen JieQing"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nI. Language of the Proceeding\r\n\r\nThe Complainant states \"it has not been possible to find a copy of the applicant Registration Agreement on the Registrar's website\".  It further stated that the Registrar's website was in Chinese and therefore conceded that it was \"likely\" the Registration Agreement was also in Chinese.\r\n\r\nThe Complainant then further requested that the Panel adopt English as an alternative language in this proceeding in accordance with paragraph 11(a) of the Rules for the following reasons:\r\n\r\n- neither the Complainant, nor its representatives, understand Chinese. And it would therefore be quite burdensome and expensive for the Complainant to translate the Complaint with all its annexes into Chinese. Moreover, requiring a Chinese translation of all documents would, in the Complainant's view, create unnecessary delay to this procedure, while one of its main advantages is its short time frame.  Further, the Complainant stated the alleged abusive use of the disputed domain name has already created substantial damages to the Complainant’s image and reputation and extending the deadlines of this UDRP procedure would unduly increase these damages;\r\n\r\n- the website to which the domain name redirects contains English words; this circumstance shows that the Respondent has an understanding of this language;\r\n\r\n- the disputed domain names is registered in Latin characters, rather than Chinese script, most probably, in the Complainant's view, to attract international potential customers;\r\n\r\n- English is the primary business and commercial language and is therefore widely spoken and understood in these fields. Since the disputed domain name was used for business\/commercial purposes, it is most likely that its owner knows English;\r\n\r\nAs the Respondent would not be jeopardized by the adoption of English as an alternative language of these UDRP proceedings, while the adoption of Chinese would be troublesome for the Complainant.\r\n\r\nII. The Complainant\r\n\r\nThe Complainant is the German fashion designer Philipp Plein founder of a fashion brand consisting of his own name.  \r\n\r\nThe Complainant participates in fashion shows around the world including in Milan, Paris and New York.  And he currently promotes the PHILIPP PLEIN brand globally in 36 of his own branded stores and with over 500 retail clients.  His retail clients include those with stores located in China and Hong Kong.  From such sales the Complainant currently generates a turnover of over one hundred million Euros.\r\n\r\nThe Complainant also promotes the PHILIPP PLEIN brand through several sponsorship agreements, including with AS Roma (Italian soccer team), Mauro Icardi, (footballer) and Nico Hulkenberg (Formula one driver).\r\n\r\nThe Complainant is active on several social networks, such as facebook (https:\/\/www.facebook.com\/ ), twitter (https:\/\/twitter.com\/ ) and Instagram (https:\/\/www.instagram.com\/ ).\r\n\r\n\r\nIII. The Respondent\r\n\r\nThe disputed domain name was registered on April 5, 2017 in the name of Chen JieQing. Currently, the disputed domain name resolves to a website displaying the Complainant’s PHILLIP PLEIN word mark and his PHILLIP PLEIN logo that is the subject of EU Registration No. 012259503.\r\n\r\nScreenshots of that website contain numerous references to clothing and footwear.  They also evidence the display of a prominent banner stating \"Official Philipp Plein Outlet Online up to 80%\".  Despite these claims the Complainant denies finding any evidence that the Respondent actually offers the Complainant's goods for sale.  Further, despite the use of the trade marks, including the PHILLIP PLEIN logo, the Complainant expressly denies the Respondent is an authorized dealer, agent, distributor, wholesaler or retailer of Philipp Plein. In fact, the Complainant states he has never authorized Chen JieQing to include his trademark in the disputed domain name, nor to make any other use of his trademark in any manner whatsoever. Complainant also confirms that it is not in possession of, nor aware of the existence of, any evidence tending to demonstrate that the Respondent is commonly known by the Domain Name, as individual, business, or other organization.\r\n",
    "other_legal_proceedings": "The Panel is aware of no other legal proceedings, pending or decided, 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": "2017-12-28 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 words PHILIPP PLEIN. For example:\r\n\r\nEU Registration No. 002966505 PHILIPP PLEIN filed in 2002 for various goods in classes 3, 14, 18, 20, 21, 24, 25 and 28 including clothing and footwear; and\r\n\r\nEU Registration No. 012259503 PHILIPP PLEIN (and logo device) filed in 2013 for various goods in classes 3, 14, 18, 20, 21, 24, 25 and 28 including clothing and footwear.",
    "decision_domains": {
        "PHILIPP-PLEINS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}