{
    "case_number": "CAC-UDRP-102667",
    "time_of_filling": "2019-09-05 09:56:32",
    "domain_names": [
        "cmcmarkets.vip"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "CMC Markets UK Plc"
    ],
    "complainant_representative": "Waterfront Solicitors LLP",
    "respondent": [
        "Cheng du bai guo rui zhang shi gong cheng you xian gong si "
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a financial services company that is authorised and regulated by the Financial Conduct Authority (the “FCA”) in the UK. The Complainant appears on the FCA’s Register with registration number 173730. The Complainant’s group is one of the world’s leading online contracts for difference and financial spread betting providers with over 66 million trades executed annually. The Complainant has offices in Europe, Asia, Australasia and the Americas and a worldwide client base. The Complainant’s profit after tax for the financial year ending 31 March 2019 was in excess of GBP 5.9 million. \r\n\r\nThe Complainant uses the domain name <cmcmarkets.com> for its online activities and as part of e-mail addresses used in its business. \r\n\r\nThe disputed domain name was registered on 26 March 2019. It resolves to a website that reproduces the design and services of the Complainant’s website located at www.cmcmarkets.com, and includes the CMC MARKETS trademark, a similar choice of color schemes, icons and banners, as well as images of the Complainant’s Next Generation trading platform and the texts “LSE Listed on the London Stock Exchange (LSE)”, “Est. 1989, 30 years of experience”, and “CMC Markets Asia Pacific Pty Ltd ABN 11 100 058 213, AFSL No. 238054 (Derivative Product Issuer)”, which is the name of a company belonging to the Complainant’s group. \r\n\r\nThe Complainant further submits that the Respondent’s website offers an account service with the option for users to make account deposits, and the Complainant has received a number of complaints from individuals who thought they were dealing with the Complainant when using the Respondent’s website and who have made payments to the Respondent under this belief. \r\n\r\nThe Complainant states that on 2 April 2019 it wrote to the Respondent, requesting that the Respondent’s website be taken down immediately, which the Respondent has not done.\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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nAccording to the Complainant, the disputed domain name is identical to the CMC MARKETS trademark, which it reproduces entirely.\r\n\r\nThe Complainant submits that the Respondent has no rights or interests in the disputed domain name, which is highly similar to the CMC MARKETS trademark and to the Complainant’s <cmcmarkets.com> domain name. According to the Complainant, the Respondent has knowingly and intentionally sought to confuse customers of the Complainant and to impersonate the Complainant’s financial business, without being associated with the Complainant and without having permission to use the CMC MARKETS trademark. \r\n\r\nThe Complainant contends that the Respondent has registered and used the disputed domain name in bad faith to fraudulently impersonate the Complainant for the purpose of causing harm and disruption to the Complainant’s business and in the hope that it would receive payments by the Complainant’s customers.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not reply to the Complainant's contentions and did not submit any arguments or evidence in its defense.",
    "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.\r\n\r\nIn respect of the language of the proceeding, the Panel notes the following. According to the information provided by the Registrar, the language of the registration agreement for the disputed domain name is Chinese. Under paragraph 11 of the Rules, unless otherwise agreed by the Parties, or specified otherwise in the registration agreement, the language of the administrative proceeding shall be the language of the registration agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.\r\n\r\nThe Complainant has submitted its Complaint in the English language, and requested the proceeding to be held in English. In support of its request, the Complainant pointed out that the Respondent’s impersonation of the Complainant indicates that the Respondent communicates in English. This is supported by the fact that the disputed domain name contains English words, while the Respondent’s website can be viewed in English and in Chinese and its basic language is English.\r\n\r\nThe Respondent has not expressed its views on the language of the proceeding and has thus not objected to the Complainant’s request that the proceedings be held in English.\r\n\r\nTaking all the above circumstances into account, the Panel accepts that the Respondent would not be disadvantaged if the language of the proceeding is English, and is satisfied that using the English language in this proceeding would be fair and efficient. \r\n\r\nTherefore, in exercise of its powers under paragraph 11 of the Rules, the Panel decides that the language of this administrative proceeding will be English. ",
    "decision": "Accepted",
    "panelists": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2019-10-17 00:00:00",
    "informal_english_translation": "The Complainant is the holder of the following trademark registrations of the sign “CMC Markets” (the \" CMC MARKETS trademark\"):\r\n\r\n- the European Union trademark CMC MARKETS with registration No. 003940954, registered on 20 April 2012 for goods and services in International Classes 9, 35, 36 and 41; and\r\n\r\n- the International trademark CMC MARKETS with registration No. 1061980, registered on 4 November 2010 for goods and services in International Classes 9, 36 and 41.\r\n",
    "decision_domains": {
        "CMCMARKETS.VIP": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}