{
    "case_number": "CAC-UDRP-103441",
    "time_of_filling": "2020-12-02 09:44:51",
    "domain_names": [
        "pcc-group.org"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "PCC SE"
    ],
    "complainant_representative": null,
    "respondent": [
        "Donald  E Short"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant draws Panel attention to previous UDRP decision:\r\n\r\n- CAC Case no. 102380 Pepsico, Inc. vs. Allen Othman, it is already sufficient for a use in bad faith, if email-addresses are generated \"to send deceptive emails, e.g., to obtain sensitive or confidential personal information from prospective job applicants, or to solicit payment of fraudulent invoices by the complainant’s actual or prospective customers.\". If already a \"generation of email-addresses\" for such purpose is sufficient for use in bad faith, then the \"real use of email-addresses\" for such a purpose (which is even more than simply the generation) as described in our complaint, has to be considered even more use in bad faith.\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings relating to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nI. The disputed domain name is confusingly similar to the protected mark\r\n\r\nAccording to the Complainant, the disputed domain name <pcc-group.org> is identical or at least confusingly similar to the  \"PCC\" trademark.\r\n\r\nThe Complainant believes that an independent third party might not know that companies of the PCC group have the email \"@pcc.eu\" and therefore may think that an email from the domain <pcc-group.org> is an original email from a PCC group company. \r\n\r\nII. The Respondent does not have any rights or legitimate interest in the disputed domain name\r\n\r\nAccording to the Complainant, the Respondent is not using the disputed domain name for any kind of website for its own business. \r\n\r\nThe Complainant provides that there is no connection between the Respondent and the disputed domain name in any case. Instead, the Respondent uses the disputed domain name´s email address in bad faith by pretending to be part of the PCC group.\r\n\r\nFinally, there is no evidence for a fair or bona fide use of the disputed domain name, neither for commercial nor non-commercial uses. The Complainant concludes that there is no evidence for a right or legitimate interest of the Respondent in respect of the disputed domain name.\r\n\r\nIII. The disputed domain name has been registered and is being used in bad faith\r\n\r\nAccording to the Complainant, the Respondent uses the disputed domain name in bad faith and has made no bona fide use of the disputed domain name. Instead, the Respondent uses the disputed domain name for sending an unknown number of emails to third parties, pretending to offer them a job in the name of the PCC group while simultaneously using the postal address of certain PCC companies located at Brezg Dolny, Poland as a part of his email signature block.\r\n\r\nFurthermore, the Complainant has also used the original PCC group description in the pretended job offer from the English version of the PCC product website, so an independent third party who looks on the real PCC group product website will have even more the impression that the Respondent is part of the PCC group.\r\n\r\nRESPONDENT:\r\n\r\nNO 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": [
        "Mgr. Barbora Donathová, LL.M."
    ],
    "date_of_panel_decision": "2021-01-06 00:00:00",
    "informal_english_translation": "PCC SE (\"the Complainant\" or \"PCC group\") is the owner and registrant of the trademark \"PCC\" which is registered at the German Patent and Trade Mark Office (Deutsches Patent- und Markenamt) under the registry number 30576754. \r\n\r\nThis trademark has also been registered internationally with the international registry number IR895466.\r\n\r\nThe Complainant states that the trademark is used as a part of the name of almost all companies of the PCC group structure to ensure a high value of brand recognition, especially in the chemical and transport sector. \r\n\r\nThe disputed domain name <pcc-group.org> was registered on April 24, 2020.",
    "decision_domains": {
        "PCC-GROUP.ORG": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}