{
    "case_number": "CAC-UDRP-102058",
    "time_of_filling": "2018-09-25 12:15:15",
    "domain_names": [
        "plein-factory.com "
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Philipp Plein"
    ],
    "complainant_representative": "Andrea Mascetti (Barzanò & Zanardo Milano S.p.A.)",
    "respondent": [
        "Ylliass Aaziz "
    ],
    "respondent_representative": null,
    "factual_background": "As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:\r\n\r\n(a) The Complainant is the German fashion designer Philipp Plein, founder of the eponymous brand. Currently, Philipp Plein is universally recognized as a leading brand in the luxury fashion industry;\r\n\r\n(b) the Complainant is the owner of the Complainant’s Trademarks;\r\n\r\n(c) Currently, the Disputed domain name redirects to a web page, displaying the Complainant’s well-known trademarks and offering for sale alleged Philipp Plein items.\r\n\r\nThe Complainant seeks transfer of the disputed domain name to the Complainant.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the disputed domain name. ",
    "no_response_filed": "THE COMPLAINANT:\r\n\r\nIn addition to the above stated factual assertions, the Complainant also contends the following:\r\n\r\n(i) The disputed domain name is confusingly similar to Complainant’s Trademarks as addition of a generic term “factory” to the disputed domain name does not create a new or different right to the mark or diminish confusing similarity;\r\n\r\n(ii) The Complainant denies that the Respondent has any right or legitimate interest in registering the disputed domain name. Mr. Ylliass Aaziz is not a Complainant’s dealer, agent, distributor, wholesaler or retailer and has never been authorized to register Philipp Plein and Plein as a domain name. Furthermore, the Respondent is not commonly known as “PLEIN-FACTORY”, as Plein is the Complainant’s surname and is registered as a trademark while the Respondent name is Ylliass Aaziz.\r\n\r\n(iii) Currently, the disputed domain name is being used to offer for sale alleged Philipp Plein’s clothing, footwear and other items. Considering the prices, it is very probable that the items offered for sale under the disputed domain name are counterfeit. Original Philipp Plein’s t-shirt cost more than 300,00 Euro (as you see on www.plein.com much more than the 60,00 Euro indicated under the disputed domain name).\r\n\r\n(iv) It is clear that the Respondent is using the disputed domain name to present his website as an official e-commerce platform owned, directly or indirectly, by the Complainant. Thus, the Respondent is taking unfair advantage from the distinctive character and reputation of the Complainant’s Trademarks and unduly seeking to profit from the Complainant's goodwill for its own financial gain.\r\n\r\n(v) The Respondent has registered and used the disputed domain name in bad faith, to intentionally attract for commercial gain, Internet users to the Respondent’s website, by creating a likelihood of confusion with the Complainant’s official website, also creating the impression that the Respondent’s website is sponsored\/affiliated or endorsed by the Complainant also the fact that goods on sale on the website are counterfeit is a further evidence of bad faith use of the disputed domain name.\r\n\r\nTHE RESPONDENT:\r\n\r\nThe Respondent did not provide any response to the complaint.\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": [
        "Michal Matějka"
    ],
    "date_of_panel_decision": "2018-11-11 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademarks:\r\n\r\n(i) EU word trademark Plein, no. 010744837, filed on 21 March 2012 for goods and services in classes 3, 14, 18, 20, 21, 24, 25 and 28;\r\n\r\n(ii) International word trademark Philipp Plein, no. 794860, filed on 13 December 2002, for goods in classes 3, 14, 18, 20, 21, 24, 25 and 28;\r\n\r\n(iii) EU figurative trademark PP PHILIPP PLEIN and device, no. 012259503 filed on 28 October 2013, for goods in classes 3, 14, 18, 20, 21, 24, 25 and 28;\r\n\r\n(iv) Philipp Plein EU Registration No. 002966505, filed on 6 December 2002, and registered for goods in classes 3, 14, 18, 20, 21, 24, 25 and 28.\r\n\r\n(“Complainant’s Trademarks”)\r\n\r\nThe disputed domain name was registered on 6 August 2018.",
    "decision_domains": {
        "PLEIN-FACTORY.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}