{
    "case_number": "CAC-UDRP-103096",
    "time_of_filling": "2020-06-02 10:39:11",
    "domain_names": [
        "DANIELWELLINGTON.SHOP"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Daniel Wellington AB"
    ],
    "complainant_representative": "SILKA Law AB",
    "respondent": [
        "Nguyen Duong Tung"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a Swedish company, founded in 2011 by Filip Tysander. The Complainant uses minimalist designs and social media marketing to sell watches to a younger generation of consumers in several countries worldwide, among which in Vietnam where the Respondent is located. Since its inception, Daniel Wellington has sold over 6 million watches; the company has gained this success through its digital strategy on social network.\r\n\r\nThe disputed domain name was registered on 29 August 2019 and resolves to a website, which is a copycat version of the Complainant's official website, displaying the Complainant's DANIEL WELLINGTON Trademark, images and products or services.\r\n\r\nThe facts asserted by the Complainant are not contested by the Respondent.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the disputed domain name.",
    "no_response_filed": "THE PARTIES' CONTENTIONS:\r\n\r\nComplainant:\r\n\r\nThe Complainant states that the disputed domain name is identical or confusingly similar to its DANIEL WELLINGTON Trademark.\r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not have any relationship with the Respondent. The Respondent is not affiliated with nor authorized by the Complainant in any way to make any use of the Complainant’s mark or to register the disputed domain name.\r\n\r\nBesides, the disputed domain name resolves to a replica of the Complainant’s genuine website, which is clearly not a bona fide offering of goods or services or fair use of the disputed domain name without intent for commercial gain to misleadingly divert consumers or to tarnish the Complainant's DANIEL WELLINGTON Trademark.\r\n\r\nThe Complainant also contends that the registration of the disputed domain name identical or confusingly similar to the Complainant's DANIEL WELLINGTON Trademark, the obviously infringing content of the website and, thus, the constructive knowledge on behalf of the Respondent of the Complainant’s potential rights, as well as the use of the privacy registration service, clearly shows the Respondent’s bad faith in the registration and use of the disputed domain name.\r\n\r\nThe Complainant, therefore, requests the transfer of the disputed domain name.\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, 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": [
        "Avv. Ivett Paulovics"
    ],
    "date_of_panel_decision": "2020-06-29 00:00:00",
    "informal_english_translation": "The Complainant has been carrying out business with the corporate name DANIEL WELLINGTON since 2012 and is owner of:\r\n- International trademark (word) DANIEL WELLINGTON no. 1135742, registered on 3 July 2012, in classes 9, 14, 35;\r\n- International trademark (device) DW DANIEL WELLINGTON no. 1260501, registered on 11 March 2015, in classes 9, 14, 18, 25, 35.\r\n\r\nThe Complainant is also owner of several domain names, among which danielwellington.com registered on 16 February 2011 and used as the Complainant's main website.\r\n\r\nHereinafter above rights are referred to as DANIEL WELLINGTON Trademark.\r\n",
    "decision_domains": {
        "DANIELWELLINGTON.SHOP": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}