{
    "case_number": "CAC-UDRP-103358",
    "time_of_filling": "2020-10-20 09:06:54",
    "domain_names": [
        "AMANNAILERT.COM"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Aman Group S.à.r.l "
    ],
    "complainant_representative": "HSS IPM GmbH",
    "respondent": [
        "Jamaican Jerk Ltd"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nComplainant is a luxury hotel and accommodation business with around 32 destinations in 20 countries. In 2018 Complainant was rated number one in the Top Luxury Hotel Brands by Travel Luxury Intelligence. \r\n\r\nComplainant has recently announced a new hotel\/residence in Thailand named AMAN NAI LERT BANGKOK, which will comprise of branded residences as well as a luxury hotel slated for completion in 2023. It will be located within the tropical gardens of Nai Lert Park, Bangkok.\r\n\r\nConsumers are accustomed to Complainant’s “AMAN” mark being used in the context of the trademark as prefix followed by an identifier of a particular resort or property, such as \r\n\r\nAman Sveti Stefan, Montenegro\r\nAmanzoe, Greece\r\nAman Le Melezin, France\r\nAman Venice, Italy\r\nAmanyangyun, China\r\nAman Summer Palace, China \r\nAmandayan, China \r\nAmanfayun, China \r\nAman Tokyo, Japan\r\n\r\nComplainant contends that Respondent is not affiliated with Complainant nor authorized by Complainant in any way to use the trademark “AMAN”. Complainant does not carry out any activity for, nor has any business with the Respondent. Complainant asserts that Respondent has no rights or legitimate interests in respect of the disputed domain name, and that he is not related in any way to the Complainant’s business.\r\n\r\nThe disputed domain name resolves to a parking page with commercial “pay per click” links. \r\n\r\nComplainant contacted Respondent on September 17, 2020, through a cease and desist letter. Reminders were sent on September 22, September 28, and October 14, 2020, without receiving any answer from Respondent.",
    "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.",
    "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": [
        "Dr. Thomas Schafft"
    ],
    "date_of_panel_decision": "2020-11-23 00:00:00",
    "informal_english_translation": "Complainant is the owner of the international trademark registration no. 953150 “AMAN”, issued August 24, 2007, which is protected in various countries – including the EU – and covers various goods and services in international classes 03, 09, 16, 36, 39, 41, 43, and 44.\r\n\r\nThe disputed domain name was registered on July 22, 2020, i.e. the Complainant’s international trademark registration predates the registration of the disputed domain name.",
    "decision_domains": {
        "AMANNAILERT.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}