{
    "case_number": "CAC-UDRP-103146",
    "time_of_filling": "2020-07-07 11:01:53",
    "domain_names": [
        "crystalnails.cloud"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Jacobs Global Kft"
    ],
    "complainant_representative": "Arva Trademark Law Office",
    "respondent": [
        "Michele Del Monaco"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, Jacobs Global, produces and distributes artificial nail products under the trademark “CRYSTAL NAILS” through Europe and USA. The Complainant also operates <crystalnails.hu> website in Hungary and <crystalnails.com> via its affiliate Crystal nails USA (“Elite Cosmetix USA Inc.).\r\n\r\nThe Complainant holds the EU trademark registrations for “CN CRYSTAL NAILS” (Registration n°006281893, 014952857 and 017894989) and the Complainant also holds domain names bearing “CRYSTAL NAILS” such as <crystalnails.hu> and <crystalnails.com>.\r\n\r\nThe Respondent registered the disputed domain name <crystalnails.cloud> and the domain name is currently active and may be reached through the following link: https:\/\/www.crystalnails.cloud\/ .\r\n",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant, Jacobs Global, is the producer and distributor of CRYSTAL NAILS artificial nail products through Europe and USA.\r\n\r\nThe Complainant holds EU trademark registrations for the trademark “CN CRYSTAL NAILS” and also is the owner of the domain names bearing the sign “CRYSTAL NAILS” such as <crystalnails.hu> and <crystalnails.com>.\r\n\r\n1. THE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR\r\n\r\nThe Complainant alleges that the disputed domain name <crystalnails.cloud> is confusingly similar to the Complainant’s trademark “CN CRYSTAL NAILS” as it bears the word element of the Complainant’s trademark as a whole.\r\n\r\nThe Complainant states that the deletion of the “CN” logo is not sufficient to abolish the confusing similarity between the disputed domain name and the “CN CRYSTAL NAILS” trademark.\r\n\r\n2. NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant argues that the disputed domain name is currently active and uses the official photos of the original “CRYSTAL NAILS” products without any authorization from the Complainant. Thus, the Complainant argues that the Respondent is using the disputed domain name in a way to misleadingly divert the visitors to the disputed domain name.\r\n\r\nMoreover, the Complainant states that no authorization has been granted to the Respondent to use the Complainant’s trademark “CN CRYSTAL NAILS”.\r\n\r\nThe Complainant also argues that the Respondent runs an online shop under the disputed domain name without any authorization and it demonstrates the lack of rights or legitimate interests.\r\n\r\n3. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\n\r\nThe Complainant asserts that the disputed domain name is created by deleting “CN” logo from the Complainant’s trademark “CN CRYSTAL NAILS” which demonstrates the bad faith of the Respondent.\r\n\r\nThe Complainant alleges that the bad faith of the Respondent is supported within the fact that the disputed domain name is active and bears the official photos of the original “CRYSTAL NAILS” artificial nail products. \r\n\r\nRESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\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": "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": [
        "Mrs Selma Ünlü"
    ],
    "date_of_panel_decision": "2020-08-19 00:00:00",
    "informal_english_translation": "The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the EU trademarks CN CRYSTAL NAILS (Registration n°006281893, 014952857 and 017894989).\r\n\r\nMoreover, the Complainant is also the owner of the domain names bearing the sign “CRYSTAL NAILS” such as <crystalnails.hu> and <crystalnails.com>.\r\n",
    "decision_domains": {
        "CRYSTALNAILS.CLOUD": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}