{ "case_number": "CAC-UDRP-101969", "time_of_filling": "2018-05-02 10:02:54", "domain_names": [ "underarmouroutletstoreonsale.com", "underarmouroutletshoessale.com", "underarmouroutletstoreonline.com", "underarmouroutletonlinestoreshoes.com", " ", "underarmourstoreoutletonsale.com", "underarmourstoreoutletonline.com", "underarmourstoreonline.com", "underarmourstore-outlet.com", "underarmourshoesnz.com", "underarmourtrainersale.com", "underarmourshoesireland.com", "onlineunderarmouroutlet.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Under Armour Inc. " ], "complainant_representative": "Convey srl", "respondent": [ "Fei Niu" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a company that manufactures and sells sports and casual apparel and athletic footwear. It is headquartered in the United States of America and maintains additional offices in various major cities around the world. The Complainant was founded in 1996 and has since grown in size and prominence within its industry. Its UNDER ARMOUR footwear business was started in 2006 and captured a 23% share of this market in just its first year. Since its incpetion, the Complainant has extensively promoted its UNDER ARMOUR trademark through various forms of advertising, such as print, web, video, and social media, and it has also been an official sponsor of many famous athletes around the world.\r\n\r\nThe Complainant is also the owner of various registrations of the UNDER ARMOUR trademark in a number of jurisdictions around the world and is the owner of relevant domain names such as underarmour.com, underarmour.asia, and underarmour.cn.\r\n\r\nThe disputed domain names were registered between March 2016 and August 2017 without Complainant's permission. They are used to display websites that offer for sale shoes bearing the UNDER ARMOUR and third-party trademarks (e.g., Nike, Puma) at prices significantly below those at which such products are typically sold through legitimate channels.\r\n\r\nCease and desist letters were sent by the Complainant on November 4, 2018 by email to the domain name owners’ known email addresses indicated at that time in the WhoIs record for each name. No responses to these letters have been received.", "other_legal_proceedings": "The Panel is not aware of other legal proceedings related 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 that each of the disputed domain names 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 names (within the meaning of paragraph 4(a)(ii) of the Policy).", "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the each of the disputed domain names 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\nFurthermore, the Complainant has requested consolidation of all of the disputed domain names into this single case pursuant to UDRP par. 4(f) and UDRP Rules 3(c) and 10(e). Despite the fact that many of the disputed domain names show different registrant names and addresses in their respective Whois records (which were revealed by the concerned registrar after filing of the complaint), the Complainant has asserting that all of the disputed domain names are owned or under the effective control of a single person or entity, or a group of individuals acting in concert. In support of this assertion, the following facts are cited:\r\n\r\n- all of the disputed domain names are held at the same registrar;\r\n- all of the disputed domain names use an identical DNS address;\r\n- certain key elements of the websites to which the disputed domain names resolve are identical such as notices regarding product shipping, payment, product returns, and privacy;\r\n- many of the disputed domain names resolve to identical websites and others automatically redirect users to IP address at the same data center;\r\n- All of the disputed domain names were registered within a 17 month period.\r\n\r\nPast UDRP decisions have held that multiple domain names may be consolidated into a single case where they are all subject to common control and, having regard to all of the relevant circumstances, where consolidation would be procedurally efficient, fair and equitable to all parties. HUGO BOSS Trade Mark Management GmbH & Co v. Charles Carranza and William Tillery, Case No. 101901 (CAC, April 5, 2018). Further, specific commonalities have been cited by other Panels in upholding consolidation requests of this nature. See, e.g., PRADA S.A. v. xie xiaomei \/ zhang yuanyuan \/ zhou honghai \/ zhouhonghai \/ Zhou Hong Hai \/ Honghai Zhou \/ deng wen \/ xie peiyuan \/ Jianghong Wang \/ xie caida \/ liu min \/ du linmei, Case No. D2016-0799 (WIPO, June 22, 2016) (26 disputed domain names consolidated into a single case where the evidence demonstrated \"the use of the same Registrar and DNS and the pointing of the disputed domain names to substantially identical web sites.\")\r\n\r\nIn the present case, there is no single factor which definitively proves that all of the disputed domain names are under common ownership or control. However, taken together, the various factors identified by the Complainant lead to the reasonable conclusion that the disputed domain names are, in fact, commonly controlled and should be consolidated.\r\n\r\nA final factor influencing this procedural point is the lack of any communication whatsoever from the Respondent despite both the Complainant and the Provider having taken reasonable measures to establish contact. One could argue that a single owner might ignore a cease and desist letter and service of a UDRP complaint. However, it seems far more likely that, were the disputed domain names actually owned by different individuals or entities, at least one of them would have responded to the attempts at communication in this dispute.\r\n\r\nOn a balance of the probabilities - the accepted standard of proof in UDRP cases - this Panel concludes it is more likely than not that all of the disputed domain names are under common ownership or control. Furthermore, having regard to all of the relevant circumstances, consolidation in this case is procedurally efficient, fair, and equitable to all parties.", "decision": "Accepted", "panelists": [ "Steven M. Levy, Esq." ], "date_of_panel_decision": "2018-06-07 00:00:00", "informal_english_translation": "Complainant is the owner of a number of trademark registrations in various jurisdictions including the following examples:\r\n\r\n- U.S.A. Trademark Registration No. 2279668 for UNDER ARMOUR registered on September 21, 1999 in class 25;\r\n- International Trademark Registration No. 996450 for UNDER ARMOUR registered on February 18, 2009 in classes 15 and 28; and\r\n- European Union Trademark Registration No. 002852721 for UNDER ARMOUR registered on December 09, 2003 in class 25", "decision_domains": { "UNDERARMOUROUTLETSTOREONSALE.COM": "TRANSFERRED", "UNDERARMOUROUTLETSHOESSALE.COM": "TRANSFERRED", "UNDERARMOUROUTLETSTOREONLINE.COM": "TRANSFERRED", "UNDERARMOUROUTLETONLINESTORESHOES.COM": "TRANSFERRED", " ": "TRANSFERRED", "UNDERARMOURSTOREOUTLETONSALE.COM": "TRANSFERRED", "UNDERARMOURSTOREOUTLETONLINE.COM": "TRANSFERRED", "UNDERARMOURSTOREONLINE.COM": "TRANSFERRED", "UNDERARMOURSTORE-OUTLET.COM": "TRANSFERRED", "UNDERARMOURSHOESNZ.COM": "TRANSFERRED", "UNDERARMOURTRAINERSALE.COM": "TRANSFERRED", "UNDERARMOURSHOESIRELAND.COM": "TRANSFERRED", "ONLINEUNDERARMOUROUTLET.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }