{
    "case_number": "CAC-UDRP-101920",
    "time_of_filling": "2018-03-21 09:29:04",
    "domain_names": [
        "Selected-Homme.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Aktieselskabet af 21. november 2001"
    ],
    "complainant_representative": null,
    "respondent": [
        "Zhang Lixiang"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant owns all trademarks related to the SELECTED brand for the family owned company BESTSELLER A\/S, and both companies are part of the BESTSELLER Group of companies, which sell clothing. \r\n\r\nThe disputed domain name was registered on 27 August 2017.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "1. As the language of the registration agreement is Chinese, the Complainant filed a request that the language of the proceeding should be English based on the fact that (a) the Respondent has not replied to the Complainant's cease and desist letter , (b) the disputed domain name resolves to a website in English and (c) the disputed domain name was registered in the top level domain \".com\" which is top level domain applicable to a broader audience than merely China.\r\n\r\n2. The disputed domain name resolves to a website that sells unauthorized clothing under the Trademark and the website is being passed off as an official online store of the SELECTED Group of companies through the use of the original campaign image. The Complainant sent a cease and desist letter to the Respondent on 23 February 2018, notifying the Respondent of the Complainant’s prior trademark rights to the Trademark and the copyright to the SELECTED campaign image. The Respondent did not respond to the Complainant’s cease and desist letter.\r\n\r\n3. The Complainant alleged that the disputed domain name is confusingly similar to the Trademark, the only difference being the hyphen between SELECTED and HOMME and the top level domain \".com\".\r\n\r\n4. The Complainant alleged that the Respondent has no rights or legitimate interests in respect of the disputed domain name, inter alia, because the Respondent has no trademark registrations on any part of the disputed domain name and the Respondent is not commonly known by the disputed domain name.\r\n\r\n5.  The Complainant further claims that the Respondent registered the disputed domain name in bad faith, and uses the disputed domain name in bad faith because the Respondent must have been aware of the Trademark when he filed the disputed domain name and the Respondent is intentionally attempting to attract internet users to the disputed domain name for commercial gain, by creating a likelihood of confusion with the Trademark and attempting to create an affiliation between the disputed domain name, including the website to which it leads, as well as the Complainant,\r\n\r\n6.  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": [
        "Alfred Meijboom"
    ],
    "date_of_panel_decision": "2018-04-26 00:00:00",
    "informal_english_translation": "The Complainant owns a number of trademarks for SELECTED HOMME, including European Union trademark with registration number 006574123, registered on 24 November 2008, United States of America trademark with registration number 3,662,486, registered on 4 August 2009, Canadian trademark with registration number TMA870,519, registered on 3 February 2014 and International registration with registration number 956810, registered on 25 February 2008(the \"Trademark\").  The Trademark is registered for clothing.",
    "decision_domains": {
        "SELECTED-HOMME.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}