{
    "case_number": "CAC-UDRP-103306",
    "time_of_filling": "2020-09-25 10:13:35",
    "domain_names": [
        "delkor-battery.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Clarios Delkor Corporation"
    ],
    "complainant_representative": "Brandstock Domains GmbH",
    "respondent": [
        "Ling Qing Kong"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, Clarios Delkor Corporation, was established in 1985 as a joint venture with General Motors, the biggest automotive company in the United States. The Complainant was involved in Asia since 1986, when it first completed a production plant construction in Gumi, South Korea. In 1987, the Complainant launched the first automotive battery company in Korea to produce Calcium Maintenance-Free batteries and started to supply car manufacturers in Korea and Japan, which it still does to this day. In 2014, the Complainant integrated Johnson Controls International Plc, a leading international manufacturer of fire, heating, ventilation, air conditioning, and security equipment for buildings, founded in 1885 and employing more than 100 000 people in 2019 across 2 000 locations worldwide. The Complainant has won the Korean Standard-Quality Excellence Award for 14 consecutive years, between 2006 and 2019.\r\n\r\nThe disputed domain name, <delkor-battery.com>, was registered on July 22, 2020, resolves to a webpage which imitates the Complainant’s official domain name webpage and appears to sell counterfeit goods of the Complainant.   \r\n",
    "other_legal_proceedings": "There are no other legal proceedings related to the disputed domain name. ",
    "no_response_filed": "COMPLAINANT:\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to the DELKOR mark on the basis that the disputed domain name wholly incorporates the Complainant’s trademark and the addition of a hyphen, descriptive term “battery” and generic top-level domain name suffix (“gTLD”) “.space” are insufficient to avoid the finding that the disputed domain name is confusingly similar to its DELKOR mark.\r\n\r\nThe Complainant also argues that the Respondent does not have any rights or legitimate interests in the disputed domain name. The Respondent is not commonly known by the disputed domain name. In addition, the Respondent is not affiliated with the Complainant nor did the Complainant license or authorize the Respondent to use the DELKOR mark.\r\n\r\nThe Complainant further asserts that the disputed domain name has been registered and is being used in bad faith as the Respondent should have known of the Complainant’s DELKOR mark at the time of registration of the disputed domain name. The Complainant also asserts that the Respondent is attempting to attract, for commercial gain, Internet users to the Respondent’s website, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or of a product or service on the Respondent’s website.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not reply to the Complainant’s contentions.",
    "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": [
        "Mr. Jonathan Agmon"
    ],
    "date_of_panel_decision": "2020-11-04 00:00:00",
    "informal_english_translation": "The Complainant has provided evidence that it owns the trademark DELKOR.",
    "decision_domains": {
        "DELKOR-BATTERY.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}