{
    "case_number": "CAC-UDRP-102626",
    "time_of_filling": "2019-08-19 11:48:06",
    "domain_names": [
        "oneillwetsuit.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "O'Neill Brand S.à r.l"
    ],
    "complainant_representative": null,
    "respondent": [
        "EDIT INDUSTRIES INC"
    ],
    "respondent_representative": null,
    "factual_background": "O’Neill is a surf, ski and casual brand. Apparel, accessories, and performance wear goods have been designed, manufactured, marketed and sold under the O’Neill brand since 1952. The O’Neill brand is well known, and goods sold under the O’Neill brand are renowned for their sporty and trendy look and fit.\r\n\r\nThe disputed domain name, <oneillwetsuit.com>, was created on 9 September 2018 and presently resolves to a GoDaddy parking page containing Pay-Per-Click (“PPC”) links relating to goods sold under the O’Neill brand, for example, “surf wetsuit”, “lycra surf” and “scuba diving equipment”.\r\n\r\nOn October 31, 2018, the Complainant sent a cease and desist email to the Respondent. On the same day, the Respondent replied to the Complainant, stating that he did not own the domain name <oneilwetsuits.com>. The Complainant replied to the Respondent on November 2, 2018, clarifying the domain name that they were referring to and that the disputed domain name resolved to a page displaying PPC links. The Respondent then replied on the same day stating that the domain name was not in use and was not parked for cash. The Respondent further stated that he would change the setting of the domain name to “private”. On November 19, 2018, the Complainant sent an email stating that the disputed domain name continued to resolve to a parking page.\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 name.",
    "no_response_filed": "COMPLAINANT:\r\n\r\nThe Complainant informs that it is the exclusive licensee of Sisco Textiles N.V for the O’NEILL mark and O’Neill brand, that Sisco Textiles N.V. granted to the Complainant an exclusive worldwide license to license any intellectual property rights regarding the O’Neill brand, including but not limited to the trademarks, logos, copyright, and trade names. The Complainant further informs that it is the owner of several domain names, including the domain name <oneill.com>, registered on December 23, 1997.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to the O’NEILL mark on the basis that the disputed domain name reproduces the entirety of the O’NEILL mark, and the addition of the descriptive word “wetsuit” and the generic Top-Level Domain (“gTLD”) “.com” are insufficient to avoid the likelihood of confusion with the O’NEILL mark. The Complainant further argues that the addition of the descriptive word “wetsuit” increases the likelihood of confusion as it refers to one of the core products under the O’Neill brand.\r\n\r\nThe Complainant also argues that the Respondent does not have any rights or legitimate interests in the disputed domain name. The Respondent is not affiliated with the Complainant nor did the Complainant license or authorize the Respondent to use the O’NEILL mark. \r\n\r\nThe Complainant further asserts that the disputed domain name has been registered and is being used in bad faith as the Respondent knew of the O’NEILL trademark given its reputation and the Respondent’s alleged awareness of the surfing industry. The disputed domain name also resolves to a GoDaddy parking page containing PPC links.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent contends that he purchased the disputed domain name off the open market as a dropped domain. The Respondent further contends that although he purchased the disputed domain name, he never did anything in regard to the disputed domain name and that the parking page containing PPC links that the disputed domain name resolved to was created by the registrar, GoDaddy.com, LLC (the “Registrar”). Finally, the Respondent asserts that he has never made any profit off the parking page containing PPC links that the disputed domain name resolved to.\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": [
        "Mr. Jonathan Agmon"
    ],
    "date_of_panel_decision": "2019-10-08 00:00:00",
    "informal_english_translation": "Sisco Textiles N.V is the owner of multiple registrations for the O’NEILL mark, including an international registration (IR Registration No. 572361 registered on May 31, 1991) and multiple registrations in the US (US Registration No. 1069298 registered on July 12, 1977; US Registration No. 1183040 registered on December 22, 1981; and US Registration No. 1339268 registered on June 4, 1985). \r\n\r\nThe Complainant claims to be a holder of several domain names, including the domain name <oneill.com>, registered on December 23, 1997.\r\n",
    "decision_domains": {
        "ONEILLWETSUIT.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}