{
    "case_number": "CAC-UDRP-101957",
    "time_of_filling": "2018-04-16 10:29:34",
    "domain_names": [
        "philippplein.club"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Philipp Plein"
    ],
    "complainant_representative": "Andrea Mascetti (Barzanò & Zanardo Milano S.p.A.)",
    "respondent": [
        "LENBO"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n\r\nThe Complainant is the German fashion designer Philipp Plein, founder of the brand. Currently, Philipp Plein is a leading brand in the luxury fashion industry.\r\n\r\nThe Complainant participates in the most important fashion shows around the world (Milan, Paris and New York, among others) and its advertising campaigns are universally renowned to be unique and very high-impact.\r\n\r\nThe world of Philipp Plein enjoys phenomenal success today with showrooms all over the world: more than 36 mono-brand stores and over 500 retail clients worldwide including Russia, as can be seen on http:\/\/world.philipp-plein.com\/. \r\n\r\nPhilipp Plein currently has a turnover of over one hundred million euro.\r\n\r\nDue to its longstanding use, and huge promotional and advertising investments, the PHILIPP PLEIN trademark is certainly well-known.\r\n\r\nThe Complainant is active on several social networks, including Facebook, Twitter and Instagram.\r\n\r\nThe Complainant is very active in the defense of its IP rights against abusive registration of domain names. Among the numerous UDRP favorable decisions, the Complainant wishes to cite CAC No. 101583 (Yuriy Shi\/ Philipp Plein PHILIPPPLEINTSHIRT.COM) and 101584 (gueijuan xu\/ philipp plein - CHEAPPHILIPPPLEINSALES.COM), which both recognized the fame of the Philipp Plein trademark.\r\n\r\nOriginally the Respondent's contact details were shielded by a Privacy Protection service, namely WhoisGuard Protected.\r\n\r\nFollowing the filing of the Complaint, the Complainant was notified that the Respondent is LENBO. \r\n\r\nCurrently, the disputed domain name redirects to a web page, displaying the Complainant’s well-known trademarks and offering purported Philipp Plein items for sale. \r\n\r\nThe disputed domain name was registered on June 6, 2017. \r\n",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that :\r\n\r\n1. The disputed domain name is confusingly similar to the Complainant's trademarks\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademarks PHILIPP PLEIN and PP PHILIPP PLEIN (device).\r\n\r\nIn support of this claim, the Complainant refers to prior UDRP cases and affirms that it is a well-established principle that when a domain name wholly incorporates the Complainant's registered mark, the first requirement under the UDRP shall be considered accomplished (see Six Continent Hotels, Inc. v. The Omnicorp, WIPO Case No. 2005-1249 and Oki Data Americas, Inc. v. ASD, Inc., WIPO Case No. D2001-0903).\r\n\r\nFurther, the complainant asserts that the addition of a gTLD such as \".club\" in a domain name is a technical requirement and thus such element may be disregarded when assessing whether a domain name is identical or confusingly similar to a trademark (see Proactiva Medio Ambiente, S.A. v. Proactiva, WIPO Case No. D2012-0182).\r\n\r\n\r\n2. The Respondent does not have any rights or legitimate interest in the disputed domain name\r\n\r\nThe Complainant contends that the Respondent is not commonly known by the disputed domain name and that the Respondent is not affiliated with or authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and is not related to the Complainant’s business in any way. The Complainant does not carry out any activity for, nor does it have any business dealings with, the Respondent. \r\n\r\n\r\n3. The disputed domain name has been registered and is being used in bad faith\r\n\r\n\r\nThe Complainant contends that the Respondent could not be unaware of the existence of the PHILIPP PLEIN trademark at the time of the registration of the disputed domain name, not only because PHILIPP PLEIN is a very well-known trademark, but also in consideration of the nature of the domain name (identical to the Complainant’s trademark and name) and of the website contents.\r\n\r\nThe Complainant further states that the use of the disputed domain name, which links to a website offering purported “Philipp Plein” goods, and which unlawfully depicts copyright pictures taken from the Complainant’s official website, is certainly not a use in good faith.\r\n\r\nFinally, the Complainant states that a further indicator of bad faith may be inferred by the fact that the Respondent is using a privacy protection service in order to shield its contact information.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. \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": [
        "Dr.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2018-05-18 00:00:00",
    "informal_english_translation": "The Complainant owns a large portfolio of trademarks including the wording “PHILIPP PLEIN” in several countries, such as:\r\n\r\nPHILIPP PLEIN, International Registration No. 794860, registered on December 13, 2002, for goods in classes 3, 14, 18, 20, 21, 24, 25 and 28;\r\n\r\nPP PHILIPP PLEIN device, EU Registration No. 012259503, filed on October 28, 2013 and registered on March 24, 2014, for goods in classes 3, 14, 18, 20, 21, 24, 25, 28;\r\n\r\nPHILIPP PLEIN EU Registration No. 002966505, filed on December 6, 2002 and registered on January 21, 2005 for goods in classes 3, 14, 18, 20, 21, 24, 25, 28. \r\n",
    "decision_domains": {
        "PHILIPPPLEIN.CLUB": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}