{ "case_number": "CAC-UDRP-101939", "time_of_filling": "2018-10-02 11:49:20", "domain_names": [ " inspiration-group.biz" ], "case_administrator": "Šárka Glasslová (Case admin)", "complainant": [ " Inspiration GI GmbH" ], "complainant_representative": "SKW Schwarz Rechtsanwälte", "respondent": [ "Valentin D. Vlasov" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nI. Factual Grounds – Right to the name and trade mark \r\n\r\nThe Complainant is a real estate company based in Berlin. The Complainant’s activities focus on the real estate market in Berlin. Its services include property search and advice, consulting regarding financing and payment, tenant and property management, investment planning, design and renovation services as well as property resales. The Complainant’s business activities under the company name “Inspiration Group” go back to 2009. Additional information was made available by the Complainant on the website .\r\n\r\nThe Complainant holds the EUTM no. 015112261 “ig Inspiration Group”, filed on 16\/02\/2016 in classes 35, 36, 37 and registered on 15\/06\/2016. The Complainant also holds and uses the domain names and . \r\n \r\nIn September 2018, it came to the Complainant's attention that the Respondent, a Registrant from Russia, had registered the domain name inspiration-group.biz. The Respondent has copied the Complainant’s website and pretends to be the Complainant. The identity of the holder of the domain is not revealed on the website. The “support telegram” can be addressed to a person named „Dmitry Wolkow” “Дмитрий Волков........@volkov1283. This person does not work for or with the Complainant. Moreover a fake facebook-like vk-Account has been created. \r\n\r\nII. Legal Grounds \r\n\r\nThe names \"inspiration-group\" and \"inspiration group\" are confusingly similar, the only visual difference being the hyphen between the words inspiration and group. Given that hyphens are very commonly used in composite word domain names, since blanks cannot be entered, the level of confusion is significant. The Disputed domain name is also confusingly similar to the Complainant's company name and trade mark.\r\n\r\n1.\tNo rights or legitimate interests\r\n\r\nNothing indicates that the Respondent could have a right to the Disputed domain name. The Complainant has not authorized the Respondent to use the trade mark and company name or initiated the registration of this domain. Neither has the Complainant authorized the Respondent to steal its identity.\r\n\r\nThe Respondent undoubtedly seeks to make financial gains from this fake website by means of the “registration” tool for curious customers. The display of such fraudulent content does not constitute a legitimate use. Panels have categorically held that the use of a domain name for illegal activity (e.g., the sale of counterfeit goods or illegal pharmaceuticals, phishing, distributing malware, unauthorized account access\/hacking, impersonation\/passing off, or other types of fraud) can never confer rights or legitimate interests on a Respondent. The sole purpose of the domain name registration is to create a danger of confusion in order to commercially exploit the reputation of the name and trademark.\r\n\r\n2.\tBad Faith \r\n\r\nThe trade mark and company name are unfairly exploited for the Respondent’s commercial interest. The Respondent has registered the Disputed domain name primarily for the purpose of disrupting the Complainant’s business. Presumably the Respondent counts on selling, renting, or otherwise transferring the Disputed domain name to the Complainant who is the owner of the trademark or service mark or to a competitor of that Complainant. By using the Disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or other online location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or location or of a product or service on the Respondent’s website or location.\r\n", "other_legal_proceedings": "The Panel is not aware of other proceedings pending or decided which relate to the disputed domain name.\r\n", "no_response_filed": "NO 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": [ "Udo Pfleghar" ], "date_of_panel_decision": "2018-11-14 00:00:00", "informal_english_translation": "The complainant is the proprietor of the EU trade mark no. 015112261 “ig Inspiration Group”, filed on 16\/02\/2016 in classes 35, 36, 37. The trade mark was registered on the 15\/06\/2016. \"Inspiration Group\" is also the company name of the complainant. Additionally, the complainant also holds and uses the domain names https:\/\/www.inspirationgroup.de\/ and www.inspirationgroup.biz. ", "decision_domains": { "INSPIRATION-GROUP.BIZ": "TRANSFERRED" }, "panelist": null, "panellists_text": null }