{
    "case_number": "CAC-UDRP-103020",
    "time_of_filling": "2020-04-22 09:38:31",
    "domain_names": [
        "hellrockenergy.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "HELL ENERGY Magyarország Kft."
    ],
    "complainant_representative": "Oppenheim Law Firm (Oppenheim Ugyvedi Iroda)",
    "respondent": [
        "Heaven Traders LLP "
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a prominent Hungarian company engaged in the manufacture and sale of energy drinks under the brands Hell and Hell Energy. It has been in business since 2006 and has a truly global presence.\r\n\r\nIt also has domain names of its own that resolve to its websites at www.hellenergy.com and www.hellenergystore.com.\r\n\r\n The Complainant has become concerned that Respondent, in India,  registered the domain name <hellrockenergy.com> on February 12, 2019 and is using it to promote energy drinks on its website that internet users may well think are official HELL brand drinks being promoted by the Complainant. It has also copied the color, presentation and feel of the Complainant's website. The Complainant is concerned that this causes damage to the value of its trademark and its business as a whole. Accordingly, it has filed this Complaint with the objective of having the domain name transferred to itself.",
    "other_legal_proceedings": "None of which the Panel is aware.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n\r\n1.\tThe Complainant is a Hungarian company formed in 2006 that manufactures and sells energy drinks under the name Hell Energy.\r\n2.\tThe Complainant is the registered proprietor of a broad range of trademarks for HELL ENERGY and HELL.\r\n3.\tIn particular, the Complainant is the registered proprietor of the EU trademark number 014749253 for HELL ENERGY registered on December 23, 2016 and the Indian trademark number 3618853 for HELL registered on February 20, 2018 ( collectively \"the HELL  ENERGY trademarks.”)\r\n4.\tRespondent is domiciled in India.\r\n5.\tRespondent registered the disputed domain name on February 12, 2019.\r\n6.\tThe disputed domain name is confusingly similar to the HELL ENERGY trademark as the word “rock” in the domain name is a generic word that cannot negate the confusing similarity between the domain name and the trademark.\r\n7.\tThe Respondent does not have a right or legitimate interest in the disputed domain name. That is because:\r\n(a)\tThe Respondent is not commonly known by the domain name;\r\n(b)\tThe Complainant has not authorized or licensed the Respondent to use any of the HELL ENERGY trademarks in a domain name;\r\n(c)\tThe Complainant has not used or made demonstrable preparations to use the disputed domain name in connection with a bona fide offering of goods or services;\r\n(d)\tThe Respondent has created the website to which the disputed domain name resolves by illegally copying the Complainant’s website at www.hellenergy.com, thereby misappropriating the HELL ENERGY brand.\r\n8.\tThe Respondent has registered and used the disputed domain name in bad faith. That is so because:\r\n(a)\tthe HELL ENERGY brand is recognized worldwide as a famous brand. \r\n(b)\tRespondent had actual knowledge of the Complainant and the HELL ENERGY trademarks. \r\n(c)\tThe Respondent has traded on the Complainant’s substantial reputation and copied its website, to the effect that if consumers came upon that website, they would believe that it was a website operated by the Complainant.\r\n(d)\tThe disputed domain name is confusingly similar to the famous HELL ENERGY  trademarks of the Complainant.\r\n9.\tThe Panel should therefore order that the disputed domain name be transferred from the Respondent to the Complainant.\r\n\r\n\r\nRESPONDENT:\r\nThe Respondent did not file a Response in this proceeding.",
    "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": [
        "The Hon. Neil Brown, QC"
    ],
    "date_of_panel_decision": "2020-05-19 00:00:00",
    "informal_english_translation": "The Complainant is the registered owner of many international trademarks for HELL ENERGY and HELL.\r\n\r\n In particular, the Complainant is the registered proprietor of:\r\n\r\n(a) the EU trademark number 014749253 for HELL ENERGY filed with the European Union Intellectual Property Office on October 30, 2015 and registered on December 28, 2016 ;and\r\n\r\n \r\n(b) the Indian trademark number 3618853 for HELL filed with the Government of India Trade Marks Registry on August 23 2017 and registered on February 20, 2018 \r\n\r\n( collectively referred to as “the HELL ENERGY trademarks.”) \r\n\r\nThe Panel notes in that regard that the Respondent is domiciled in India.",
    "decision_domains": {
        "HELLROCKENERGY.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}