{
    "case_number": "CAC-UDRP-103256",
    "time_of_filling": "2020-09-03 09:05:26",
    "domain_names": [
        "dynacodoors.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ENTREMATIC GROUP AB"
    ],
    "complainant_representative": "Coöperatieve Vereniging SNB-REACT U.A.",
    "respondent": [
        "Mike Fleck (r&s erection of tri county inc)"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nName of the Respondent (domain-name holder) and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to the Complainant regarding how to contact Respondent or any representative of Respondent, including contact information based on pre-complaint dealings:\r\n\r\nRepresentative of the Respondent which was contacted during pre-complaint dealings:\r\n\r\nName: Mike Fleck\r\nE-mail address: mikef@rstricounty.com\r\n\r\nIn March 2020, the Complainant gained knowledge of the domain <dynacodoors.com>. According to WHOIS data, it was registered anonymously. When accessed, the domain redirected to <rstricountry.com>, for which WHOIS data states it in turn was registered to “R&S Erection of Tri County Inc”, and is forwarding to what appears to be their website offering doors, including competing brands (other than DYNACO doors).\r\n\r\nThe specific method of redirection is a double “HTTP 301 Redirect”, which was ascertained on April 9, 2020. It is a double redirect, first a redirection from <dynacodoors.com> to <rstricounty.com> (without the www subdomain) and then to http:\/\/www.rstricounty.com\/.\r\n\r\nThe Respondent is a reseller of doors products under different brands, including among others DYNACO doors products.\r\n\r\nAfter one of the Complainant’s directors (of the Entrematic High Performance Doors NA branch) approached the Respondent by phone in order to discuss the trademark infringement inherent in the used domain name, on May 26, 2020, Mike Fleck, President\/CEO R&S Erection of Tri-County Inc. replied by e-mail with the subject of “[EXT] Re: Web site resolution”:\r\n\r\nOn May 26, 2020, 5:58 PM Mike Fleck <mikef@rstricounty.com> wrote:\r\n\r\n“Good evening Bob,\r\n\r\nI spoke with a couple of my board members and they felt that with the traffic and the way we are using the domain with Google they do not want to give it up. I did get them to agree that web would relinquish it if R&S could gain access to the [REDACTED by Complainant’s legal Representative] product line. Currently we sell [REDACTED] of dollars a year to a couple other [REDACTED] vendors like [REDACTED] Incorporated. I know that seems to be unattainable but that is still on the table. Outside of that if this is going legal please let me know.\r\n\r\nThank you,\r\nMike Fleck\r\nPresident \/ CEO\r\nR&S Erection of Tri-County Inc.“\r\n\r\n\r\nThe President \/ CEO of the Respondent accepted another invitation to “discuss use of domain” on June 4, 2020, but this did not end in the Respondent agreeing to transfer the domain name to the Complainant for a sum not in excess of documented out-of-pocket costs directly related to the domain name either.    ",
    "other_legal_proceedings": "The Panel is not aware of other legal proceedings which are pending or decided and which relate to the disputed domain name. ",
    "no_response_filed": "NO 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": [
        "Udo Pfleghar"
    ],
    "date_of_panel_decision": "2020-10-12 00:00:00",
    "informal_english_translation": "The Complainant is the proprietor of inter alia the following trademarks:\r\n\r\nEuropean Union trade mark\r\nMark: DYNACO\r\nRegistration number: European Union trade mark 000718585\r\nEntered on register: August 16, 1999\r\nClasses 6 (Flexible, mechanically-operated doors of metal with frames entirely or partially of metal; industrial rolling doors of metal with frames entirely or partially of metal; the metal part being predominant) and 19 (Flexible, mechanically-operated doors not of metal with frames entirely or partially of metal; industrial rolling doors not of metal with frames entirely or partially of metal; the metal part being predominant).\r\n\r\nUnited States Trademark\r\nMark: DYNACO\r\nRegistration number: USPTO registration number 2247544\r\nSerial number of the application: 75438084\r\nEntered on register: May 25, 1999\r\nFor class 19: “Flexible doors, not of metal, with mechanical control whereby the frame is entirely or partially of metal; industrial rollable doors, not of metal, whereby the frame is entirely or partially of metal”\r\n\r\n\r\nInternational trademark\r\nMark: DYNACO\r\nRegistration number: 618453\r\nEntered on the register: April 19, 1994\r\nFor countries including Norway, China, Russia, Belgium, the Netherlands, Luxembourg.\r\nFor classes 6, 19, and 37.\r\n\r\n",
    "decision_domains": {
        "DYNACODOORS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}