{
    "case_number": "CAC-UDRP-103202",
    "time_of_filling": "2020-07-30 09:22:14",
    "domain_names": [
        "PAPSICO.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "PepsiCo, Inc."
    ],
    "complainant_representative": "RiskIQ, Inc. c\/o Jonathan Matkowsky",
    "respondent": [
        "36 karatt"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n1. PEPSI is one of the world's most iconic and recognized consumer brands globally [FN3]. It has been used for soft drinks since 1911 as a shortened version of the PEPSI-COLA mark that first denoted PepsiCo's soft drinks in 1898. Last year, PepsiCo generated more than $67 billion in net revenue.\r\n\r\n2. It results from the Registrar Verification that the date of registration of the disputed domain name by the current registrant was 8 July 2020.\r\n\r\n3. Respondent set up and has configured mail servers (MX) records on the disputed domain name, so that e-mails sent to the disputed domain name can technically be received and will be sent to accounts controlled or managed by Respondent. Furthermore, within a day from when the disputed domain name was created on July 8, someone responded to Complainant with a requested bank issued document allegedly containing the necessary wiring instructions for a request to re-direct payment to a different account related to a legitimate loan transaction, but copied individuals associated with Complainant but sent to them \"@papsico.com\" instead of \"@pepsico.com\".  ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings pending or decided and relating to the disputed domain name.",
    "no_response_filed": "NO 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.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Dr. Tobias Malte Müller"
    ],
    "date_of_panel_decision": "2020-09-07 00:00:00",
    "informal_english_translation": "According to the Complainant's undisputed allegations, there are over nine hundred active registrations for PEPSI-variant marks. This decision is based in particular on European Union Trademark \"PEPSICO\" (fig.) no. 013357637 registered on 13 March 2015 for goods in classes 16, 29, 30, 32, 35, 36, 41.\r\n\r\nThis trademark registration predates the registration of the disputed domain name which is 8 July 2020. \r\n",
    "decision_domains": {
        "PAPSICO.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}