{ "case_number": "CAC-UDRP-103231", "time_of_filling": "2020-08-18 10:19:54", "domain_names": [ "pandoraeu.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Pandora A\/S" ], "complainant_representative": "Coöperatieve Vereniging SNB-REACT U.A.", "respondent": [ "Wei Zhang" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant requests that English be adopted as the language of the proceeding. \r\nThe domain in question is of the international .com TLD. The Registration Agreement by NameCheap is in English. Respondent, WhoisGuard.com, the Respondent’s own website is in English, see http:\/\/www.whoisguard.com\/contact-us.asp \r\n\r\nEven in case the Registration Agreement applicable to this specific domain turns out not to be in English after all, previous UDRP panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement.\r\n \r\n\"Such scenarios include (i) evidence showing that the respondent can understand the language of the complaint, , (ii) the language\/script of the domain name particularly where the same as that of the complainant’s mark, (iii) any content on the webpage under the disputed domain name, [...] (vi) potential unfairness or unwarranted delay in ordering the complainant to translate the complaint [...]\". Section 4.5.1, WIPO Overview 3.0.\r\nRegarding factor (1), the WHOIS details of the Registrant are all in English. Moreover the Respondent has registered the Disputed Domain Name which contains the geographical indication ‘eu’, and which contain the Complainant’s PANDORA Trademark, which in its turn is also in Latin characters (factor ii).\r\n\r\nRegarding factor iii: the entire website of Respondent is in English. The currency indicated by default on the website is GBP, or Pound sterling, the official currency of the United Kingdom , where the de facto language is English. The Respondent’s website order process is completed entirely in English. It is therefore obvious respondent is targeting United Kingdom consumers with counterfeit goods.\r\n\r\nIn case the first-named Respondent WhoisGuard, Inc. (as it is named in the WHOIS for the domain) would want to argue that it is not responsible or could not be named as a Respondent, Complainant refers to WIPO Case No. D2010-1945: Pandora Jewelry, LLC v. Whois Privacy Protection Service, Inc. \/ Lisa Xu): “In conclusion, as stated in […] which addresses the use of privacy or proxy services and the UDRP, the Panel considers by parity that the relevant domain names is in fact controlled by both persons, the privacy service as public registrant and the underlying registrant and that naming both entity as Respondents respects the UDRP rules (see, for example, […]).”\r\n\r\nIn case the Respondent defaults, it has been given the opportunity to present any comments and\/or objections in this case, including objection to the Complainant’s language request, it did not do so. Forcing the Complainant to undertake the proceeding in the language of -for example- Spanish (the language of Panama where Respondent WhoisGuard, Inc. is established) or Chinese (the supposed return address of the counterfeit goods received after the test purchase, and where the order confirmation e-mail’s domain name servicecentervip.com registrar is located) even though that service and the website operator both clearly know English since its name is in English, would serve no discernible purpose in the circumstances.\r\n\r\n\r\nComplaint amended on 19 August 2020 after Registrar Verification: \r\n\r\nRespondent appears to be a serial domain-squatter, who has also attempted to register domains for other well-known fashion brands, such as TimberlandEStores.com (https:\/\/website.informer.com\/email\/YVETTELEVASSEUR990@OUTLOOK.COM: \"timberlandestores.com as Wei Zhang YVETTELEVASSEUR990@OUTLOOK.COM since December, 2019\") and BalenciagaEOutlets.com and BalenciagaEOutlets com.\r\nAnd according to DomainIQ, Respondent registered the domain buypandoracharm.com, on 24 March 2017 (Complainant attached an annex proving that Respondent knew Complainant's famous mark and registered the domain in bad faith in November 2019.\r\n\r\n\r\nServing as proof of Respondent's clear intent to sell fashion replicas (counterfeit goods), are his registrations for:\r\nbestreplicasale.com,ZHANGXIAN108@163.COM,\"WEI ZHANG\",,UNITED-DOMAINS,2013-07-25,Shopping (row 34)\r\nbestreplicaswatch.com,ZHANGXIAN108@163.COM,\"WEI ZHANG\",,UNITED-DOMAINS,2013-07-25,Shopping (row 35)\r\nreplica007.com,394738853@QQ.COM,\"WEI ZHANG\",\"ZHANG WEI\",\"JIANGSU BANGNING\",2019-12-02,Shopping (row 236)\r\nreplicaforsales.com,ZHANGXIAN108@163.COM,\"WEI ZHANG\",,UNITED-DOMAINS,2013-05-14,Shopping (row 237)\r\nreplicaonshop.com,ZHANGXIAN108@163.COM,\"WEI ZHANG\",,UNITED-DOMAINS,2013-07-22,Shopping (row 238)\r\nreplicasbrandswatch.com,ZHANGXIAN108@163.COM,\"WEI ZHANG\",,UNITED-DOMAINS,2013-02-27,Shopping (row 239)\r\n\r\n\r\n\r\n\r\n", "other_legal_proceedings": "The Panel is not aware of any pending or decided proceeding which relate to the disputed domain name", "no_response_filed": "\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": [ "Massimo Cimoli" ], "date_of_panel_decision": "2020-09-18 00:00:00", "informal_english_translation": "Pandora A\/S is a Danish Company that has marketed and sold its products in more than 100 Countries through more than 7.700 points of sale. It has several PANDORA formative trademarks around the world. In this proceeding the Complainant has indicated the following trademark registrations:\r\n\r\nEUTM No.3397858 in class 14 as of 18 April 2007 for PANDORA\r\n\r\nEUTM 653519 in class 25 as of 17 April 2000 for the word mark PANDORA\r\n\r\nEUIPO reg. no. 0979859 figurative mark for PANDORA with a crown above the letter \"O\". which was entered on register: 17 September 2008\r\nUK00002576442 for the PANDORA word mark, entered into the register on 12 August 2011 in classes 9 and 14:\r\n \r\nUK00002654960, the PANDORA word mark, entered into the register on 05 July 2013 for class 35 for Retail services, online retail services, wholesale services and sales promotion services all connected with jewellery, goods made of precious metals.\r\n\r\nThe Complainant has also registered the trademark PANDORA under several domain names worldwide, among these is – which it has been the registrant of since 2010 .", "decision_domains": { "PANDORAEU.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }