{
    "case_number": "CAC-UDRP-103348",
    "time_of_filling": "2020-10-20 09:53:30",
    "domain_names": [
        "xxx-lutz.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "XXXLutz Marken GmbH"
    ],
    "complainant_representative": "Grünecker Patent und Rechtsanwälte PartG mbB",
    "respondent": [
        "DomDoo Domainholding"
    ],
    "respondent_representative": null,
    "factual_background": "COMPLAINANT:\r\n\r\nThe Complainant, XXXLutz Marken GmbH, is the intellectual property holding company of the XXXLutz Group. Since the early 2000s, the XXXLutz Group has been one of Europe’s largest retailers of furniture and related home accessories with more than 25,700 employees and an annual turnover of over EUR 5.1 billion. It operates more than 320 furniture stores, most of them in Germany, Austria, Switzerland, the Czech Republic, Slovakia and Sweden under its highly well-known XXXLutz brand.\r\n\r\nDISPUTED DOMAIN NAME:\r\n\r\nThe disputed domain name <xxx-lutz.com> was registered on 27 October 2008 and is held by the Respondent. \r\n\r\nThe domain name website (i.e. website to which the disputed domain name resolves) is automatically redirected to an URL <777livecams.com> hosting a website with a pornographic content. \r\nThe Complainant seeks transfer of the disputed domain name to the Complainant. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the disputed domain name.",
    "no_response_filed": "The Parties' contentions are the following:\r\n\r\nCOMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\n-\tThe Complainant states that the disputed domain name is confusingly similar to Complainant's trademarks as the disputed domain name contains the Complainant's trademarks in its entirety. \r\n\r\n-\tNeither the addition of the generic Top-Level Domains (gTLD) “.com” nor the hyphen “-“ add any distinctiveness to the disputed domain name.\r\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\n-\tThe Respondent has not been commonly known by the disputed domain name. Neither the Complainant has authorized, permitted or licensed the Respondent to use its trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain name so as to have acquired rights to or legitimate interests in it. \r\n\r\n-\tEven though the \"XXX\" component of the disputed domain name may indicate that the domain name website is designated for erotic or adult content, the second element \"LUTZ\" still creates false impression among internet users that an affiliation between the disputed domain name and the Complainant (or his trademarks or business) exists. \r\n\r\n-\tThe Complainant refers to previous domain name decisions  in which panels have recognized that no rights or legitimate interests derive from use of another’s trademark to divert Internet users to pornographic websites.  \r\n\r\nBAD-FAITH REGISTRATION AND USE\r\n\r\n-\tSeniority of Complainant's trademarks predates the disputed domain name registration and such trademarks are well-known in relevant business and consumer circles. The Respondent can be considered to be aware of the Complainant's trademark when registering the domain name due to well-known character thereof. \r\n- \tThe Complainant also contends that the Respondent by registering and using the disputed domain name has intentionally attempted to attract Internet users by creating a deliberate likelihood of confusion with the Complainant's Trademarks for the sole purpose of generating traffic on the domain name website.\r\n\r\n\r\n\r\nThe Complainant presents the following evidence which has been assessed by the Panel:\r\n-\tInformation about the Complainant and its business;\r\n-\tExcerpts from various trademark databases regarding Complainant's trademarks;\r\n-\tExcerpts on the disputed domain name from WHOIS database;\r\n-\tScreenshots of the disputed domain name website.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent has not provided any response to the complaint.\r\n\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": [
        "JUDr. Jiří Čermák"
    ],
    "date_of_panel_decision": "2020-11-19 00:00:00",
    "informal_english_translation": "The Complainant is, inter alia, registered owner of the following trademarks containing a word element \"XXX LUTZ\":\r\n- XXXLutz (word), German National Trademark, filing date August 30, 2005, registration date  November 17, 2005, trademark no. 305512056, registered for goods and services in classes 12, 14, 35, 37, and 43;\r\n\r\n- XXXLutz (figurative), EU Trademark, filing date April 13, 2004, registration date June 29, 2005, application no. 003765658, registered for goods in classes 11, 18, 19, 24, 25, 26, 28, and 35;\r\n\r\n- XXXLutz (figurative), EU Trademark, filing date March 13, 2000, registration date April 16, 2003, application no. 001553999, registered for goods in classes 16, 20, 21, and 27;\r\n\r\nbesides other national and international trademarks consisting of the \" XXX LUTZ \" denomination.\r\n(collectively referred to as \"Complainant's trademarks\").\r\n\r\nThe Complainant also owns numerous domain names under various TLDs consisting of the \"XXX LUTZ\" denomination or incorporating the same.\r\n\r\n",
    "decision_domains": {
        "XXX-LUTZ.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}