{
    "case_number": "CAC-UDRP-102213",
    "time_of_filling": "2018-11-05 09:29:28",
    "domain_names": [
        "BadHeilBrunner.ltd"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Bad Heilbrunner Naturheilmittel GmbH & Co. KG"
    ],
    "complainant_representative": "Grünecker Patent- und Rechtsanwälte PartG mbB",
    "respondent": [
        "Ayed  Alotaibi"
    ],
    "respondent_representative": "Ayed  Alotaibi",
    "factual_background": "The Complainant is a German company that provides over-the-counter medicines and health products, including dietary supplements and specialty teas. Its teas are available in Germany, the Czech Republic and Slovakia.\r\n\r\nThe Respondent is an individual apparently based in Saudi Arabia. Little information is known about the Respondent, as incomplete contact information was provided in the WhoIs information for the disputed domain name, and the Respondent has not been active in this proceeding.\r\n\r\nThe disputed domain name was registered on 24 October 2018 through a privacy protection service. On 25 October 2018 the Complainant received a report from Instagram stating that an e-mail address incorporating the disputed domain name was used to contact Instagram in a fraudulent attempt to obtain the Complainant's Instagram Username. The e-mail purported to originate from the Complainant's legal counsel, alleging that the Complainant's official Instagram account was in fact operated by a third party who was unrelated to the Complainant. The e-mail listed the Complainant's physical address and its legal counsel's telephone number, together with the above mentioned e-mail address as the legal counsel's contact e-mail address. At that time, the disputed domain name redirected Internet users to the Complainant's official website at \"www.bad-heilbrunner.de\". On 26 October 2018, the Complainant's legal counsel wrote to the concerned registrar, alerting the registrar to the fact that the disputed domain name had been used in connection with a fraudulent e-mail scheme and requesting deletion of the disputed domain name but the registrar did not reply.\r\n\r\nThe Complainant amended the Complaint following the disclosure of the underlying registrant's contact details.",
    "other_legal_proceedings": "None that the Panel has been made aware of.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant asserts that it holds trade mark rights in the BAD HEILBRUNNER trade mark, as evidenced in the Identification of Rights section above. The Complainant asserts that the disputed domain name is identical to its BAD HEILBRUNNER trade mark.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant asserts that the Respondent (i) is not commonly known by the disputed domain name, (ii) has not been authorised by the Complainant to use the trade mark BAD HEILBRUNNER and (iii) has no affiliation or connection with the Complainant, its business, goods or services. As such, the Complainant asserts that the Respondent has no rights or legitimate interests in the disputed domain name.\r\n\r\nRegistered and used in bad faith\r\n\r\nThe Complainant notes that immediately following its registration, the disputed domain name was used to generate an e-mail address, which was then used to impersonate the Complainant's legal counsel in a fraudulent attempt to have the Complainant's Instagram Username transferred to the Respondent. The Complainant asserts that the disputed domain name may also be used for other fraudulent purposes. The Complainant asserts that the generic Top-Level Domain (\"gTLD\") .LTD increases the likelihood that Internet users may be misled into thinking that the disputed domain name is an official domain name of the Complainant. In light of the foregoing, the Complainant asserts that the disputed domain name was registered and used in bad faith.\r\n\r\nRESPONDENT:\r\n\r\nNo response was filed.",
    "rights": "The Complainant has shown, to the satisfaction of the Panel, that the disputed domain name is confusingly similar to a trade 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 shown, to the satisfaction of the Panel, that the Respondent has 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 shown, to the satisfaction of the Panel, that 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": [
        "Jane Seager"
    ],
    "date_of_panel_decision": "2018-12-17 00:00:00",
    "informal_english_translation": "The Complainant has supplied evidence that it is the owner of the following trade mark:\r\n\r\n- European Union Trade Mark BAD HEILBRUNNER, registration number 000232975, registered on 22 May 1998 in connection with goods and services in International Classes 3, 5 and 30. \r\n",
    "decision_domains": {
        "BADHEILBRUNNER.LTD": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}