{
    "case_number": "CAC-UDRP-103220",
    "time_of_filling": "2020-08-13 10:08:53",
    "domain_names": [
        "BITMEX-WH.COM"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "HDR Global Trading Limited"
    ],
    "complainant_representative": "RiskIQ, Inc. c\/o Jonathan Matkowsky",
    "respondent": [
        "lin da"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nComplainant owns and operates a leading and prominent cryptocurrency-based virtual trading platform. It alleges that Respondent registered and uses the subject domain name <bitmex-wh.com> in bad faith in that it attempts to pass itself off as Complainant and confuse Internet users into thinking Respondent is Complainant or affiliated with Complainant to exfiltrate data, including phishing for usernames and credentials.  It alleges further that Respondent had actual knowledge of Complainant's rights in the BITMEX trademark at the time of registering the domain name. These allegations are supported by evidence of Respondent's use of <bitmex-wh.com> which clearly targets both the trademark and Internet users into believing they have landed on Complainant's website.   \r\n\r\nThe record indicates that the subject domain name incorporates the BITMEX trademark in its entirety. Complainant asserts further that Respondent replicated Complainant's logo on the landing page to impersonate Complainant in furtherance of a plan to exfiltrate proprietary data via an Android mobile operating system package (APK), a set of advanced algorithms imbedded in QR codes to direct users to the subject website. Complainant shows that Respondent hosts materials on the website to which the domain name resolves redirecting mobile users to phishing materials, and is attempting to gather usernames and sensitive login credentials using the BITMEX registered mark and logo. By such conduct, Respondent attempts to confuse and deceive Android users into entering their credentials under the mistaken belief it is being collected by Complainant or with its permission or approval.   \r\n\r\nAlthough not alleged in the Complaint but necessary to bring to the Panel’s attention is the registration date of the subject domain name which can be easily ascertained. Panels “may undertake limited factual research into matters of public record if it would consider such information useful to assessing the case merits and reaching a decision.” WIPO Overview, 3.0, paragraph 4.8. The timing in registering a domain name relative to a trademark is a critical factor. Here, the subject domain name was registered June 5, 2020. As noted above the trademark registration dates from November 8, 2017.  .\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings 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\nComplainant submits that <bitmex-wh.com> is confusingly similar to the BITMEK trademark because it incorporates the mark in its the entirety with the inconsequential addition of a dash and the letters \"wh\" to form the suffix \"-wh\".  Although a niche business, Complainant has established a reputation such that it is implausible that Respondent could have independently coined the same term. \r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it has not been authorized by the Complainant to use the BITMEX trademark, and the disputed domain name does not correspond to the name of the Respondent. The Complainant adds that the Respondent does not carry out a fair or non-commercial use of the disputed domain name. \r\n\r\nThe Complainant contends further that the disputed domain name was registered and is being used in bad faith. According to the Complainant, the BITMEX trademark is distinctive and well-known around the world, and the Respondent registered the disputed domain name with knowledge of the BITMEX trademark which is evident from the design and content of the landing page. By using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant's BITMEX trademark as to the source, sponsorship, affiliation, or endorsement of his website. The disputed domain name is not used for any bona fide purpose, but resolves to a website that is designed to exfiltrate propriety data and deceive Internet visitors to disclose personal information. \r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not reply to the Complainant's contentions and did not submit any arguments or evidence in its defence. In such event, UDRP Rule 14 provides that “the Panel shall draw such inferences therefrom as it considers appropriate.” \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": "In this case, the Provider has employed the required measures to achieve actual notice of the Complaint to the Respondent, and the Respondent was given a fair opportunity to present its case and defend its registration of the subject domain name.\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": [
        "Gerald Michael Levine, Ph.D, Esq."
    ],
    "date_of_panel_decision": "2020-09-07 00:00:00",
    "informal_english_translation": "The Complainant is the owner of a trademark for the sign BITMEX in Class 36, registered November 8, 2017 Reg. No. 016462327 (the “BITMEX trademark”) in the European Union Intellectual Property Office. Complainant also owns other BITMEX trademarks registered in Japan, Singapore, and South Korea. Copies of these registrations are attached to the Complaint and establish Complainant's right.  ",
    "decision_domains": {
        "BITMEX-WH.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}