{
    "case_number": "CAC-UDRP-103460",
    "time_of_filling": "2020-12-22 10:20:20",
    "domain_names": [
        "goldmaxxpress.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Suresh Babu"
    ],
    "complainant_representative": "Dmytro Chyrkin",
    "respondent": [
        "Rajasekar V"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant operates a business that relates to sales of gold and silver. For this purpose, the Complainant holds a website as well as active pages in Facebook, Twitter, Instagram and YouTube. The Complainant made significant efforts to promote especially the name “GOLDMAXEXPRESS”. Further, the Complainant has a physical and permanent place of business located in Chennai, India. The Complainant uses, inter alia, the domain names <GOLDMAXEXPRESS.IN> and <GOLDMAXEXPRESS.COM> for its services and as trade name.\r\n\r\nThe disputed domain name <GOLDMAXXPRESS.COM> has been registered by the Respondent on August 29, 2020. The disputed domain name points to a website similar to the Complainant’s web presence. In addition, the Respondent is a former employee of the Complainant and therefore knows the business of the Complainant. It also shall be taken into account that the Respondent opened a store just 6 km near the Complainant’s store in Chennai, India.",
    "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\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": [
        "Dominik Eickemeier"
    ],
    "date_of_panel_decision": "2021-01-21 00:00:00",
    "informal_english_translation": "The Complainant has been using the trade names “GOLDMAX” and “GOLDMAXEXPRESS” since 2013. Under these names, the Complainant is carrying on business and providing its services.\r\n\r\nThe Complainant also owns a domain names portfolio bearing “GOLDMAX” respectively “GOLDMAXEXPRESS”, such as “GOLDMAX.IN” registered since October 23, 2013, “GOLDMAXEXPRESS.IN” registered since March 31, 2015, “GOLDMAXEXPRESS.COM” registered since October 11, 2020, “GOLDMAXINDIA.COM” registered since December 29, 2017 and “GOLDMAXCHENNAI.COM” registered since July 6, 2020.\r\n\r\nThe Complainant does not claim to own any registered trademarks or service marks related to the trade names “GOLDMAX” or “GOLDMAXEXPRESS”.\r\n",
    "decision_domains": {
        "GOLDMAXXPRESS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}