{
    "case_number": "CAC-UDRP-102970",
    "time_of_filling": "2020-03-24 10:30:50",
    "domain_names": [
        "popincookin.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Kracie Holdings, Ltd."
    ],
    "complainant_representative": "RODENBAUGH LAW",
    "respondent": [
        "Kelly  Franznick"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a global company with headquarters in Japan that operates in the fields of toiletries & cosmetics, pharmaceuticals, and foods. Its corporate history goes back to 1887.\r\n\r\nThe disputed domain name was registered on February 8, 2011, and redirects to a parking page with pay-per-click links some related to the Complainant and its activities.",
    "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.\r\n",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT\r\n\r\nThe Complainant contends that the disputed domain name fully incorporates the Trademark and is confusingly similar to the Trademark.\r\n\r\nFurthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent has no relationship with the Complainant's business and is not authorized or licensed to use its trademarks. In addition, the Complainant contends that the Respondent is not commonly known by the disputed domain name and that the Respondent's use of the disputed domain name to forward Internet users to a parking page with commercial links to third parties' websites is no bona fide offering of goods or services or legitimate noncommercial or fair use under the Policy.\r\n\r\nFinally, the Complainant states that the disputed domain name was registered and is being used in bad faith. In this regard, the Complainant contends that the Trademark is known and that the Respondent was fully aware of the Complainant when registering the disputed domain name. It argues that the disputed domain name has previously been used to sell the Complainant's products and that such use demonstrates that the Respondent was aware of the Trademark, and that Respondent registered the disputed domain name with the bad faith intent to confuse consumers as to the source and\/or sponsorship of the disputed domain name. The Complainant also states that the Respondent has provided no evidence of any actual or contemplated good faith use by it of the disputed domain name and is using the disputed domain name to attract, for commercial gain Internet users to its websites or other on-line locations by creating a likelihood of confusion with the Trademark as to the source, sponsorship, affiliation or endorsement of Respondent’s websites or location or of a product or service on Respondent’s websites or location.\r\n\r\nRESPONDENT\r\n\r\nNo administratively compliant Response has been filed.",
    "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 failed to show 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": "Rejected",
    "panelists": [
        "Peter Müller"
    ],
    "date_of_panel_decision": "2020-05-18 00:00:00",
    "informal_english_translation": "The Complainant is the owner of trademark registrations across various jurisdictions, inter alia Japanese trademark registration no. 4843917 POPIN' COOKIN' \/ ポッピンクッキン, registered on March 4, 2005 and US trademark registration no. 5130847 POPIN' COOKIN' (illustration), registered on January 31, 2017 with a priority date from June 26, 2015. The trademarks are registered for goods in class 30 (hereinafter referred to as the \"Trademark\").",
    "decision_domains": {
        "POPINCOOKIN.COM": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}