{
    "case_number": "CAC-UDRP-101947",
    "time_of_filling": "2018-04-03 09:06:54",
    "domain_names": [
        "kask-helmet.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "KASK S.p.A."
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "xiao shu fang"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a company registered in Italy, with subsidiaries in the USA (KASK America Inc.) and Australia (Kask Australia Pty Ltd.). The company was founded in 2004 and is specialized in developing, designing and manufacturing safety helmets for, inter alia, skiing, cycling, mountaineering, or horse riding. The Complainant has won various design prices for its helmets. KASK helmets are worn by “Team Sky”, a professional cycling team that successfully competes in well-known international cycling tournaments. The Claimant has spent considerable advertising effort in promoting the mark “KASK”, thereby acquiring the trademark’s goodwill.\r\n\r\nThe Respondent uses the disputed domain name for a website offering for sale various items for cyclists, such as gloves, glasses, saddles and clothes. This web shop operated by the Respondent also offers “KASK” branded helmets and helmets featuring other brands of the Complainant’s competitors. The Complainant contends that all helmets offered in the Respondent's web shop – whether under the “KASK” brand or under one of the competing brands – are counterfeit products. This contention is supported by the following quote from the Respondent's web shop: “We have ourself factory, and produce the single punch tablet press machine by ourself. We promise to offer the best service!”\r\n\r\nAs soon as the Complainant became aware of the Respondent’s registration and use of the disputed domain name it instructed its representative to send a cease and desist letter to the Respondent, requesting the immediate cease of any use, and the transfer, of the disputed domain name. This cease and desist letter was sent by email on March 8, 2018. The Respondent did not reply. ",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings 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 the UDRP were met and there is no other reason why it would be inappropriate to provide a decision.\r\n\r\nAccording to Article 11(a) of the Rules, “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, having regard to the circumstances of the administrative proceeding”.\r\n\r\nThe language of the Registration Agreement is Chinese. The Complainant, however, has requested that the language of the proceeding be English instead of Chinese. \r\n\r\nThe Panel uses its discretionary authority to decide that the language of the proceedings shall be English for the following reasons: \r\n\r\n(a) The Respondent’s website for which the Respondent has used the disputed domain name is in English language. The primary currency offered to potential buyers in the online shop on this website is USD.\r\n\r\n(b) The disputed domain names comprises the English language word “helmet”, which is descriptive for the products offered by Respondent on the corresponding website.\r\n\r\n(c) The Respondent received the Complainant's e-mail communications as well as this complaint under the UDRP Policy in English language and failed to reply. The Respondent did not express in any way that he cannot answer the allegations because of language issues.\r\n\r\n(d) The Complainant has submitted its Complaint and supporting evidence in English. If the Complainant were required to submit all documents in Chinese, the administrative proceeding would be unduly delayed and the Complainant would have to incur substantial expenses for translation.",
    "decision": "Accepted",
    "panelists": [
        "Dr. Thomas Schafft"
    ],
    "date_of_panel_decision": "2018-05-16 00:00:00",
    "informal_english_translation": "The Complainant is the owner of various \"KASK\" (with design) trademarks, including the international trademark registration no. 1163154, registered on March 7, 2013, for various goods in international classes 9 and 28 (hereinafter the “trademark“). The Respondent’s home country China is one of the countries covered by this international trademark registration.\r\n\r\nThe disputed domain name was registered on November 15, 2017, i.e. the Complainant’s trademark predates the registration of the disputed domain name.",
    "decision_domains": {
        "KASK-HELMET.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}