{
    "case_number": "CAC-UDRP-102368",
    "time_of_filling": "2019-04-08 00:00:00",
    "domain_names": [
        "hugobossorangeoutlet.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "HUGO BOSS Trade Mark Management GmbH & Co",
        "HUGO BOSS AG"
    ],
    "complainant_representative": "BrandIT GmbH",
    "respondent": [
        "Andrew Taylor"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainants, HUGO BOSS Trade Mark Management GmbH & Co (First Complainant) and HUGO BOSS AG (Second Complainant), are both subsidiaries of the Hugo Boss Group. The First Complainant is the holder and manager of the global trademark portfolio and the Second Complainant is the operational entity of the Hugo Boss Group (hereinafter collectively referred to as the Complainants). The Hugo Boss Group is an international fashion company manufacturing and selling luxury retail products, such as clothing, shoes, accessories, watches, sunglasses, perfume, etc. The Hugo Boss Group was founded in 1924 and employs almost 15,000 in over 1,100 retail stores worldwide.\r\n\r\nThe First Complainant is the holder of the registered word marks HUGO BOSS and BOSS ORANGE in several classes in numerous countries and regions all over the world, including the UK and the EU.\r\n\r\nThe disputed domain name <hugobossorangeoutlet.com> has been registered on February 5, 2018, by the Respondent. The disputed domain name resolves to a website offering for sale various heavily discounted products carrying the HUGO BOSS brand. The website prominently displays the HUGO BOSS trademarks and logos and displays the text “Hugo Boss Authorized Genuine Shop” in the upper right corner of the page.\r\n\r\nThe Complainants tried to contact the Respondent through a cease and desist notice using the online communication form on the website connected to the disputed domain name. The Complainants did not receive a response to this communication.\r\n",
    "other_legal_proceedings": "The Panel is not aware of other legal proceedings, either pending or decided, relating to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANTS:\r\n\r\nThe Complainants consider the disputed domain name to be confusingly similar to trademarks in which they have rights. The Complainants claim that the Respondent has no rights or legitimate interests in respect of the disputed domain name. According to the Complainants, the Respondent does not use the disputed domain name in connection with any legitimate use. Also, according to the Complainants, the Respondent has not been commonly known by the disputed domain name. Finally, the Complainants consider that the disputed domain name was registered and is being used in bad faith, as the website connected to the disputed domain name offers for sale alleged HUGO BOSS goods that are likely counterfeit products and it unduly depicts copyrighted pictures taken from the Complainants’ official website.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not reply to the Complainants’ contentions.\r\n",
    "rights": "The Complainants have, 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 Complainants have rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "The Complainants have, 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 Complainants have, 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": [
        "Flip Petillion"
    ],
    "date_of_panel_decision": "2019-05-16 00:00:00",
    "informal_english_translation": "The First Complainant, HUGO BOSS Trade Mark Management GmbH & Co, is the holder of trademark rights for the word mark HUGO BOSS, registered in numerous jurisdictions, including the European Union (e.g. EUIPO registration No. 000049254 since March 26, 2008, duly renewed, and covering products in classes 3, 9, 10, 12, 14, 16, 18, 20, 24, 25, 27, 28, 29, 30, 31, 32, 35 and 42) and the UK (UKIPO registration No. UK00001298756 since March 10, 1989, duly renewed, and covering products in classes 9, 14 and 18).\r\n\r\nThe First Complainant is also the holder of trademark rights for the word mark BOSS ORANGE, registered in numerous jurisdictions, including the European Union (e.g. EUIPO registration No. 003400306 since May 3, 2007, duly renewed, and covering products in classes 3, 18, 24, 25 and 28).\r\n\r\nThe Second Complainant is an operational entity that belongs to the same group of companies as the First Complainant and that is allowed to use the First Complainant’s trademarks, identified above.",
    "decision_domains": {
        "HUGOBOSSORANGEOUTLET.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}