{
    "case_number": "CAC-UDRP-101820",
    "time_of_filling": "2018-01-10 13:39:49",
    "domain_names": [
        "singingrock.store"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Singing Rock s.r.o."
    ],
    "complainant_representative": null,
    "respondent": [
        "Klaas Boereboom - SportHoliday"
    ],
    "respondent_representative": null,
    "factual_background": "According to the information provided, Complainant is a manufacturer of climbing equipment. \r\n\r\nThe disputed domain name, <singingrock.store>, was registered on 22 December 2016. \r\n\r\nThe trademark registration of Complainant has been issued prior to the registration of the disputed domain name.\r\n\r\nAccording to Complainant the disputed domain name is identical to Complainant’s trademark as it contains the trademark SINGING ROCK.  \r\n\r\nAccording to Complainant, Respondent has no rights or legitimate interest in the disputed domain name. Respondent has neither been authorized by Complainant to register the disputed domain name, nor has Respondent acquired a legitimate right to use the SINGING ROCK trademark by any written agreement with Complainant. \r\n\r\nAccording to Complainant the disputed domain name is registered and is being used in bad faith. Complainant submits that it has received e-mails and phone calls from dissatisfied customers stating that they want a refund for orders that were never delivered. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "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": "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": "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.\r\n\r\nUnder paragraph 11(a) of the Rules it is stated that „unless otherwise agreed by the parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise.“ In the present case, the language of the Registration Agreement is Dutch.\r\n\r\nComplainant submitted its complaint in English and requested that the language of the proceeding be English. Respondent has not submitted any comments in this regard despite having been given the opportunity to do so. Taking into account the Respondent’s default and all of the other relevant circumstances of the case, in particular the fact that the website to which the disputed domain name resolves is in the English language, the Panel concludes that, in accordance with paragraph 11(a) of the Rules, it is appropriate that the language of the proceeding be English.\r\n\r\nTherefore, the Panel has decided to accept Complainant’s filing in English and issue a decision in English.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Dinant T.L. Oosterbaan"
    ],
    "date_of_panel_decision": "2018-02-08 00:00:00",
    "informal_english_translation": "According to the evidence submitted by Complainant, Complainant is the owner of the following trademark: European Union trademark SINGING ROCK, with registration number  003907672 and a registration date of 22 December 2005. ",
    "decision_domains": {
        "SINGINGROCK.STORE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}