{
    "case_number": "CAC-UDRP-103005",
    "time_of_filling": "2020-04-07 11:32:58",
    "domain_names": [
        "bonduellle.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Bonduelle "
    ],
    "complainant_representative": "IPTWINS",
    "respondent": [
        "Pan Huang"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, Bonduelle is a group established in 1853. The Complainant is the global market leader in ready-to-use vegetables. The Complainant is employing 11,000 employees in more than 100 countries. The Complainant owns 56 industrial sites and 128,000 hectares cultivated by 3,440 farmers under contract. The Complainant's turnover in 2018 was 2,777 million Euros. The Complainant is listed on the Frankfurt Stock Exchange, London Stock Exchange, and Zurich Stock Exchange. \r\n\r\nThe Complainant owns more than 350 trademark rights for the term “BONDUELLE” which include the following:\r\n\r\n- International trademark BONDUELLE No. 988467, registered on November 27, 2008, duly renewed and designating goods in international classes 29, 30 and 31;\r\n\r\n- International trademark BONDUELLE No. 636442, registered on May 23, 1995, duly renewed and designating goods in international classes 29, 30 and 31; and\r\n\r\n- International trademark BONDUELLE No. 654609, registered on March 29, 1996, duly renewed and designating goods in international classes 29, 30 and 31. \r\n\r\nThe three trademark registrations above designate China. \r\n\r\nThe Complainant holds domain names incorporating the BONDUELLE trademark, both within generic TLDs and ccTLDs: <bonduelle.com>, <bonduelle-foodservice.com>, <bonduellefoundation.com>, <mybonduelle.com>, <bonduelle.eu>, <bonduelle.fr> and others. \r\n\r\nThe disputed domain name <bonduellle.com> was registered on July 22, 2019. The disputed domain name resolves to a website featuring adult-oriented content.   ",
    "other_legal_proceedings": "The Panel is not aware of 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\ni) The Complainant has rights in the mark BONDUELLE (with a device) as international trademark Reg. No. 988467, registered on November 27, 2008; international trademark Reg. No. 636442, registered on May 23, 1995; and international trademark Reg. No. 654609, registered on March 29, 1996. The disputed domain name is confusingly similar to the Complainant’s trademark BONDUELLE because it incorporates the Complainant's mark in its entirety with the addition of the letter 'l.'\r\n\r\nii) The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not identified in the WHOIS database. The trademark searches for the term “BONDUELLLE” on the WIPO database and the Chinese trademark database have not revealed any results. The Respondent has never been granted authorization, license or any right whatsoever to use the Complainant’s BONDUELLE trademark. The disputed domain name is used to show adult content, and it is not a bona fide offering of goods or services. \r\n\r\niii) The Respondent has registered and is using the disputed domain name in bad faith. The Respondent had actual knowledge of the Complainant's rights in BONDUELLE trademark before its registration of the disputed domain name. The disputed domain name amounts to a purposeful misspelling and appropriation of its mark which is typosquatting. The Respondent’s diversion of the disputed domain name to adult-oriented site is registration and use of the disputed domain name in bad faith.\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": "PRELIMINARY ISSUE: LANGUAGE OF THE PROCEEDINGS\r\n\r\nThe Panel notes that Complainant requests that the language of this administrative proceeding proceed in the English language pursuant to UDRP Rule 11(a). Complainant makes this request in light of the Chinese language Registration Agreement. It is established practice to take UDRP Rules 10(b) and (c) into consideration for the purpose of determining the language of the proceeding to ensure fairness and justice to both parties. \r\n \r\nComplainant requests that the language of this administrative proceeding proceed in the English language because i) being a French entity, the Complainant is not able to communicate in Chinese; ii) the Complainant is not in a position to conduct this proceeding in Chinese without a great deal of additional expense and delay due to the need for translation of the Complaint; iii) the most common language is English; and iv) it would not be unfair to the Respondent that the proceedings be conducted in English.\r\n\r\nPursuant to UDRP Rule 11(a), the Panel finds that persuasive evidence has been adduced by the Complainant to conduct the proceeding in English. After considering the circumstance of the present case in the absence of the Response, the Panel decides that the proceeding should be in English.\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": [
        "Mr. Ho-Hyun Nahm, Esq."
    ],
    "date_of_panel_decision": "2020-06-27 00:00:00",
    "informal_english_translation": "The Complainant owns more than 350 trademark rights for the term “BONDUELLE” which include the following:\r\n\r\n- International trademark BONDUELLE No. 988467, registered on November 27, 2008, duly renewed and designating goods in international classes 29, 30 and 31;\r\n\r\n- International trademark BONDUELLE No. 636442, registered on May 23, 1995, duly renewed and designating goods in international classes 29, 30 and 31; and\r\n\r\n- International trademark BONDUELLE No. 654609, registered on March 29, 1996, duly renewed and designating goods in international classes 29, 30 and 31. \r\n\r\nThe three trademark registrations above designate China.",
    "decision_domains": {
        "BONDUELLLE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}