{
    "case_number": "CAC-UDRP-103344",
    "time_of_filling": "2020-12-07 13:48:53",
    "domain_names": [
        "coolwatercologne.com "
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Zino Davidoff SA"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "guizhen  Chen"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a company incorporated in Fribourg, Switzerland and is a leading producer of prestige fragrances, handbags, eyewear, as well as exclusive timepieces, writing instruments and leather accessories and other goods that enjoy a high reputation. The Complainant has been using and marketing its brands for over 30 years. In 1984 the Complainant launched perfumery and cosmetics. Since then, the Complainant has been developing various products such as watches, clothing, cognac, leather goods, glasses, writing instruments, coffee etc. The business has been continuously expanding and the scope of the goods bearing the mark DAVIDOFF gets wider over time. “Cool Water” is a men's fragrance introduced in 1988 by the Complainant.\r\n\r\nThe disputed domain name <coolwatercologne.com> was registered on June 21, 2020.",
    "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 COOL WATER mark (i.e. Reg. No. 812386 registered on October 28, 2003); and the COOL WATER (figurative) mark (i.e., Reg. No. 615313 registered on February 4, 1994) through its registration of the marks with the China Trademark Office. The disputed domain name is confusingly similar to the Complainant’s trademarks.\r\n\r\nii) The Respondent has no rights or legitimate interests in respect of the disputed domain name: a) the Complainant and the Respondent have never had any previous relationships, nor has the Complainant ever granted the Respondent with any rights to use the COOL WATER trademark in any forms, including the disputed domain name; b) the Complainant has not found that the Respondent is commonly known by the disputed domain name or that it has interest over the disputed domain name. When searched for “COOL WATER” and “cologne” in the Google and Baidu search engines, the returned results pointed to the Complainant and its business activities; and c) by the time the Complainant prepared this Complaint on 1 December 2020, the disputed domain name resolved to a website of a Chinese university, which is a copy of the genuine website of the Shao Guan University. The Respondent has not been using the disputed domain name to offer any bona fide goods or services.\r\n\r\niii) The Respondent has registered and is using the disputed domain name in bad faith: a) firstly, as noted in the previous paragraphs, the disputed domain name resolved to a website under construction, which falls into the category of passive holding; b) the Complainant tried to reach the Respondent by a cease-and-desist letter sent on November 6, 2020 to the Respondent’s e-mail as provided in the WHOIS and to the online form https:\/\/gdpr-masked.com. However, until the time the Complainant prepared this Complaint, it had not received response from the Respondent; and c) in terms of paragraph 4(b)(iv) of the Policy, the above facts demonstrate the Respondent’s use of the disputed domain name in bad faith.\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. The Complainant has alleged that because the 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: (i) reverse WHOIS search for the Respondent’s e-mail showed that the Respondent has registered at least 530 domain names, many of which are composed by English terms, which demonstrates clearly that the Respondent understands well English; (ii) by the time the Complainant sent a cease-and-desist letter to the Respondent on September 22, 2020, the disputed domain name resolved to active website displaying information of a university. The English term “university” was displayed in the upper-left corner; the English terms “copyright” and “All rights reserved” were displayed in the lower-right corner. It again demonstrates clearly that the Respondent understands well English; (iii) the disputed domain name is composed of the trademark COOL WATER in combination with English term “cologne” which are correctly spelt and therefore proves that the Respondent can understand English well. Moreover, the choice of registering and using a domain name with English terms shows that the Respondent’s intention is to target Internet users who understand English; (iv) by the time the Complainant prepared the amended Complaint on 25 March 2021, the disputed domain name resolved to active website displaying gambling information. Although such information was in Chinese, in the lower-right corner the icon redirected to another domain 68497.com, where it displayed a sentence in English: “Service is not available in your region due to district restrictions. We really appreciate your support and understanding.” It again confirmed the Respondent’s knowledge of English; and (v) if the Complainant had to translate the Complaint’s subsequent communications in Chinese, such translation would entail significant additional costs for the Complainant and delay in the proceedings.\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": "2021-04-28 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the reputable brand COOL WATER registered as word and figure trademarks in several classes in numerous countries all over the world including in China. Trademark registrations in China:\r\n\r\nTrademark: COOL WATER (figurative)\r\nRegistration no: 615313\r\nDate of registration: February 4, 1994\r\n\r\nTrademark: COOL WATER (word)\r\nRegistration no: 812386\r\nDate of registration: October 28, 2003\r\n",
    "decision_domains": {
        "COOLWATERCOLOGNE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}