{
    "case_number": "CAC-UDRP-103485",
    "time_of_filling": "2021-01-05 13:35:48",
    "domain_names": [
        "lovehoney.xyz"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Lovehoney Group Limited"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Eleni  Panagiotopoulou"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nPreliminary: Language of Proceedings \r\n\r\nComplainant raises an issue concerning language of the proceedings, namely that it should be in conducted in English. Since there is no reason to believe that Respondent does not share in the language community, the language of the proceedings and the decision shall be in English. Respondent appears to reside in the same jurisdiction as Complainant, or in the U.S. Accordingly, no purpose is served by inquiring further. The sole piece of evidence concerning language, which supports English as the language for this proceeding, is that the disputed domain name, <lovehoney.xyz> resolves to the Dan.com Domain Marketplace website which indicates that Respondent had offered the disputed domain name for sale and is now deleted. \r\n\r\n\r\nFactual Background \r\n\r\nComplainant, the LOVEHONEY Group Limited is a UK based company (\"Lovehoney\"). It describes itself as the largest British company selling sex toys, lingerie and erotic gifts on the Internet and is continuing to grow rapidly across the world as a retailer, manufacturer and distributor of these products. Lovehoney has over 400 own brand products and exclusive licenses to design, manufacture and sell featured adult pleasure products. Lovehoney employs around 230 people and their headquarters are open seven days a week selling products to 46 countries in Europe, North America and Australasia through nine websites. Lovehoney focuses on exceptional customer service, product innovation, website usability and creative marketing to always be at the forefront of developments in sexual wellbeing and ecommerce.\r\n\r\nComplainant asserts that its website and the products it sells have received numerous awards including the Best Customer Service Award for online retailers at the eCommerce Awards for Excellence. Lovehoney is also rated as ‘Excellent’ in over 80,000 customer reviews on Trustpilot, the renown independent review website.\r\n\r\nThe Complainant further states that it enjoys a strong online presence via its official websites and social medias. Due to extensive use and advertising, Lovehoney’s on-line shops are easily recognized by the consumers. Complainant asserts that its LOVEHONEY brand it is widely known around the world. In evidence of this fact, Lovehoney includes in the complaint a non-exhaustive list of its official online pages. \r\n\r\nComplainant’s trademark predates Respondent’s registration of <lovehoney.xyz> by many years. It is currently passively held and according to Dan.com the disputed domain name “has been deleted,” indicating that it had at one time been offered for sale on that website. Complainant served two cease-and-desist notices without response before it initiated this UDRP proceeding.",
    "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\nThe Complainant submits that <lovehoney.xyz> is identical to its trademark LOVEHONEY in that it contains in whole the combined words “Love” and “Honey.” According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it has not been authorized by the Complainant to use the LOVEHONEY trademark, and the disputed domain name does not correspond to the name of the Respondent. The Complainant adds that the Respondent does not carry out a fair or non-commercial use of the disputed domain name as it currently does not resolve to an active website. \r\n\r\nThe Complainant contends further that the disputed domain name was registered and is being used in bad faith. According to the Complainant, the LOVEHONEY trademark is distinctive and well-known around the world, and that it is evident that the Respondent registered the disputed domain name with knowledge of Complainant’s trademark. The disputed domain name is not used for any bona fide purpose. \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent has not responded to the Complainant's contentions and did not submit any arguments or evidence in its defense. In such event, UDRP Rule 14 provides (a) that the “Panel shall proceed to a decision on the complaint” and (b) that “the Panel shall draw such inferences therefrom as it considers appropriate.” In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at Para. 4.3.\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": "In this proceeding, the Respondent has not used the opportunity provided to it under the Rules and has not submitted a substantive response addressing the contentions of the Complainant and the evidence submitted by it. Nevertheless, Complainant has the burden of proof on its contention that Respondent’s registration of <lovehoney.xyz> constitutes an abusive registration.\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": [
        "Gerald M. Levine, Ph.D, Esq."
    ],
    "date_of_panel_decision": "2021-02-03 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following registration for the trademark LOVEHONEY registered in Classes 3, 5, 10, 25. 28, and 35: \r\n\r\n- US trademark registration No. 3350209 LOVEHONEY registered on December 11, 2007;\r\n\r\n- International trademark registration No. 1091529 LOVEHONEY registered on June 27, 2011 designating Australia, Switzerland, China, Iceland, Japan, Norway, New Zeeland, Russian Federation and Singapore; and \r\n\r\n- EU trademark registration No. 003400298 LOVEHONEY, registered on January 17, 2005.",
    "decision_domains": {
        "LOVEHONEY.XYZ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}