{
    "case_number": "CAC-UDRP-102439",
    "time_of_filling": "2019-05-03 10:08:46",
    "domain_names": [
        "bitmex.red",
        "bitmex.ren"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "HDR Global Trading Limited"
    ],
    "complainant_representative": "RiskIQ, Inc. c\/o Jonathan Matkowsky",
    "respondent": [
        "Liu Cheng Jia"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nBitMEX is the Complainant's Bitcoin-based Peer-to-Peer (P2P) crypto-products trading platform, offering leveraged contracts bought and sold in Bitcoin. BitMEX has received widespread coverage in the global media, as well as in leading digital media for the crypto asset and blockchain technology community. \r\n\r\nThe Complainant owns the trade mark registrations for BITMEX in several jurisdictions around the world since 2017, prior to the registration of the disputed domain names\r\n\r\nThe disputed domain names were registered on 16 June 2018. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain names.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n\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 Complaint raises the following procedural issues:\r\n•\tThe caption of the proceedings. \r\n•\tA request to consolidate CAC Case No. 10244 (<bitmex.ren>) with CAC Case No 102439 (<bitmex.red>).\r\n•\tThe language of the proceedings.\r\n•\tThe domain name registrations expiring after the Complaint was filed.\r\n•\tThe Complainant's supplemental filing.\r\n\r\nA. Caption of the Proceedings. \r\nThe Complainant says that the on-line platform does not technically permit a complainant to include both the registrant name and the registration organisation name in the caption of the Amended Complaint and requests that the caption identify the Respondent as \"Liu Cheng Jia, liu chengjia\" the name of the registrant organization identified by the registrar as the Respondent, followed by the name of the registrant.\r\n\r\nThe Registrar Verification indicates that Lui Cheng Jia is the current registrant of the disputed domain names (see answer to question 2 of the Request for Registrar Verification ). However, the registrant's details opposite the word \"Name\" is \"lui chenjia\" and opposite the word \"Organisation\" is \"Lui Cheng Jia\".  Given that the Registrar's response confirms that Lui Cheng Jia is the current registrant of the disputed domain name there appears no need to change the caption of the proceedings.\r\n\r\nB. Request to consolidation proceedings.\r\n Paragraph 10(e) of the UDRP Rules grants a panel the power to consolidate multiple domain name disputes. Paragraph 3(c) of the Rules provides that a complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder. \r\n\r\nThe Registrar Verification indicates that Lui Cheng Jia is the current registrant of the disputed domain names <bitmex.red> and <bitex.ren>. CAC Case No. 10244 and CAC Case number 102439 involve the same Respondent, the same trade mark and the same Registrar.\r\n\r\nThe Panel finds that it is appropriate to consolidate CAC Case No. 10244 with CAC Case number 102439 to expeditiously resolve both disputes in accordance with paragraph 10(c) of the UDRP Rules. \r\n\r\nC. Language of the Proceedings\r\nUnder 11 of the UDRP Rules, the default language of the proceedings is the language of the registration agreement, subject to the authority of the panel to determine otherwise. The language of the registration agreement is Chinese, but Complainant requests the Panel to accept Amended Complaint in English. The Complainant asserts that: \r\n(a)\tThe disputed domain names are registered in Latin characters.\r\n(b)\tThe domains incorporate in full a trade mark in Latin script. BITMEX has no meaning in Chinese and the Respondent targeted in this sense, a trade mark in Latin script.\r\n(c)\tThe \".ren\" top-level domain could have been registered in Chinese script, but the Respondent registered it in English. (See Guinness World Records Limited v 吉尼斯. Liu Hui,) WIPO Case No. D2017-0229 in which the panel ordered the .ren (<xn--9prs4qm6h.ren>) to be transferred to Guinness Records).\r\n(d)\tThe Respondent has registered in the past <guangdong.rocks>. Guangdong is English for a coastal province of southeast China, and <guangdong.rocks> has a particular meaning only to someone that understands English because it suggests, in English, that the province is fun, or a fan-site about the province. \r\n(e)\tThe Respondent's appears to have the ability to use  its English name and Chinese name 刘承佳 interchangeably as supported by the historical Whois record for <0016300.cn>. \r\n(f)\tThe Complainant communicated with Respondent in both English and Chinese, and Respondent chose to ignore the notice rather than respond in Chinese to resolve the issues.\r\n\r\nTaking the above factors into consideration, the Panel accepts that the Respondent can be presumed to have sufficient knowledge of English and would not be unduly prejudiced by the proceedings being conducted in English. In keeping with the Policy aim of facilitating a relatively time and cost-efficient procedure for the resolution of domain name disputes, and in accordance with Rule 11 (a) of the UDRP Rules, the Panel determines that it would be appropriate for English to be the language of the proceedings.\r\n\r\nD. The domain name registrations expiring. \r\nThe Response to the Registrar Verification confirmed that the disputed domain names have been placed on lock and would remain so during the course of the proceedings. On 17 June, during the course of the proceedings, the disputed domain names expired. \r\n\r\nThe Panel notes that under clause 3.7.5.7 of ICANN's Registrar Accreditation Agreement, if \"a domain which is the subject of a UDRP dispute is deleted or expires during the course of the dispute, the complainant in the UDRP dispute will have the option to renew or restore the name under the same commercial terms as the registrant… If the complaint is terminated, or the UDRP dispute finds against the complainant, the name will be deleted within 45 days. The registrant retains the right under the existing redemption grace period provisions to recover the name at any time during the Redemption Grace Period, and retains the right to renew the name before it is deleted\".\r\n\r\nThe Panel notes that at the time of the decision in this case it is possible for disputed domain names to be renewed before the expiration of the Redemption Grace Period, failing which they will be deleted. \r\n\r\nE. Complainant's non-standard communication.\r\nThe Complainant made a further supplemental filing to bring to the attention of the Panel two CAC cases that had been publish in the preceding week relating to the BITMEX mark. In this case the Panel has accepted the supplemental filing as it refers to cases that were not available when the Amended Complaint was filed. \r\n\r\nThe 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": [
        "Veronica  Bailey"
    ],
    "date_of_panel_decision": "2019-06-25 00:00:00",
    "informal_english_translation": "The Complainant owns EUTM trade mark registration number 016462327 for BITMEX in class 36, which was registered on 11 August 2017.  ",
    "decision_domains": {
        "BITMEX.RED": "TRANSFERRED",
        "BITMEX.REN": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}