{
    "case_number": "CAC-UDRP-103417",
    "time_of_filling": "2020-11-23 11:47:35",
    "domain_names": [
        "gefrans.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Gefran SpA"
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "Yang Chang"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant was founded in the 1960s in Italy producing electric panels for machines used in manufacturing plastics. It has 900 employees in its production facilities worldwide and 17 sales offices located around the world with revenues of about € 135,000,000 in 2018 spread mainly in Europe (60%), America (17%) and Asia (22%). The Complainant has spent considerable effort in promoting its mark “GEFRAN”, thereby acquiring the trademark’s goodwill.\r\n\r\nThe disputed domain name was registered on May 14, 2016. The disputed domain name has been redirected to a website where both the Complainant’s products and the competitors’ products are offered for sale.\r\n",
    "other_legal_proceedings": "The Panel is not aware of any 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.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\ni) The Complainant has rights in the mark “GEFRAN” based on International, Italian and EUIPO trademark registrations. The disputed domain name is confusingly similar to its trademark “GEFRAN” with the mere addition of the letter “S.”\r\n\r\nii) The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not licensee, authorized agent of the Complainant or in any other way authorized to use the Complainant’s trademarks. The Respondent is not commonly known by the disputed domain name as individuals, business or other organization and their family names do not correspond to ‘GEFRAN’ or the disputed domain name. The Respondent's use can be considered neither a bona fide offering of goods or services nor a legitimate non-commercial or fair use of the disputed domain name.\r\n\r\niii) The Respondent has registered and is using the disputed domain name in bad faith. The disputed domain name has been redirected to a website where both the Complainant’s products and the competitors’ products are offered for sale. There is no disclaimer informing the users as to the Respondent’s lack of relationship with the Complainant, and thus the website creates the impression that the Respondent is an official dealer in China. The Respondent did not respond to a cease and desist letter.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a Response.",
    "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": "Preliminary Issue: Language of the Proceedings \r\n\r\nThe Panel notes that the Registration Agreement is written in Chinese, thereby making the language of the proceedings in Chinese. Complainant has alleged that because Respondent has knowledge of the English language and understands English, the proceeding should be conducted in English. The Panel has the discretion under UDRP Rule 11(a) to determine the appropriate language of the proceedings taking into consideration the particular circumstances of the administrative proceeding. See FilmNet Inc. v Onetz, FA 96196 (Forum February 12, 2001) (finding it appropriate to conduct the proceeding in English under Rule 11, despite Korean being designated as the required language in the registration agreement because the respondent submitted a response in English after receiving the complaint in Korean and English). \r\n\r\nIn accordance with the Rules, paragraphs 11(a), 10(b) and 10(c), Complainant requests that the Panel determine English to be the language of the proceeding for the following reasons: (a) some parts of the website corresponding to the disputed domain name are in English; (b) the disputed domain name is registered in Latin characters, rather than Chinese script; (c) English is the primary language for business and international relations; and (d) in order to avoid additional expense and delay that would be incurred if the Complaint must be translated into Chinese. \r\n\r\nPursuant to UDRP Rule 11(a), the Panel finds that persuasive evidence has been adduced by the Complainant to suggest the likely possibility that the Respondent is conversant in the English language. After considering the circumstance of the present case, in the absence of a Response and no objection to the Complainant's request for the language of proceeding, the Panel decides that the proceeding should be in English.\r\n\r\nThe 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. Ho-Hyun Nahm, Esq."
    ],
    "date_of_panel_decision": "2021-01-13 00:00:00",
    "informal_english_translation": "The Complainant is the owner, among others, of trademarks: \r\n\r\nInternational Trademark no. 852323 ‘GEFRAN’ registered on January 11, 2005; \r\n\r\nItalian Trademark no. 0000796756 ‘GEFRAN’ registered on November 29, 1999; and\r\n\r\nEuropean Trademark no. 004435152 ‘GEFRAN’ registered on May 18, 2006.\r\n\r\n",
    "decision_domains": {
        "GEFRANS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}