{
    "case_number": "CAC-UDRP-103785",
    "time_of_filling": "2021-05-12 10:41:21",
    "domain_names": [
        "mypepsico-usa.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "PepsiCo, Inc. "
    ],
    "complainant_representative": "RiskIQ, Inc. -  Incident Investigation and Intelligence (i3), Jonathan Matkowsky",
    "respondent": [
        "Pepsico inc"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant’s product portfolio includes a wide range of foods and beverages, including 23 brands, such as the flagship PEPSI brand, that generate more than USD 1 billion each in estimated annual retail sales. The products of the Complainant and its consolidated subsidiaries are enjoyed by consumers more than one billion times a day in more than 200 countries and territories around the world. In 2019, the Complainant generated more than USD 67 billion in net revenue. \r\n\r\nThe Complainant is also the owner of the domain names <pepsi.com>, <pepsico.com>, <mypepsico.com>, and many others. \r\n\r\nThe Respondent registered the disputed domain name on 28 April 2021. It is currently inactive.\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\nThe Complainant submits that PEPSI, PEPSICO, and PEPSI-COLA are famous and well-known marks, and PEPSI is one of the world’s most recognized consumer brands globally. It has been used for soft drinks since 1911 as a shortened version of the PEPSI-COLA mark that first denoted the Complainant’s soft drinks in 1898. \r\n\r\nThe Complainant submits that the disputed domain name is confusingly similar to the Complainant's PEPSICO mark, because it incorporates it together with the weak possessive pronoun \"my\", a hyphen, and the abbreviation for the United States of America, where the Complainant is headquartered.\r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant submits that it has never authorized the Respondent to use the PEPSICO trademark and the Respondent is not commonly known by the disputed domain name. The Respondent had knowledge of the Complainant's fame, name, and activities, because it masqueraded as the Complainant, using its corporate address, to register the disputed domain name.\r\n\r\nThe Complainant contends that the disputed domain name was registered and is being used in bad faith. The structure of the disputed domain name and the use by the Respondent of the Complainant’s corporate address and identity to register it show that the Respondent had the Complainant’s business in mind when it registered the disputed domain name, and that the Respondent tried to benefit from reputation of the Complainant in an attempt to intentionally attract, for commercial gain, Internet users to its website or other on-line location by creating a likelihood of confusion as to the source, sponsorship, affiliation or endorsement of the Respondent’s website or on-line location.\r\n\r\nAccording to the Complainant, the fact the website does not resolve currently to an active website is immaterial as even a respondent's failure to make an active use of a domain name may satisfy the requirements of paragraph 4(a)(iii) of the Policy. In this case, the Registrar suspended the disputed domain name due to violation of its terms of service because the Respondent used the Complainant's identity and corporate address to identify itself as part of the registration of the disputed domain name. The submission of false and misleading contact details supports bad-faith registration and use of the disputed domain name, particularly where the identity of the Complainant is abused.\r\n\r\nThe Complainant further submits that it may fairly be presumed that the disputed domain name is part of a pattern by the same threat actors of registering look-alike domains with the Registrar to send fraudulent emails targeting the Complainant’s vendors in an attempt to attack its supply chain for ill-gotten gain. The disputed domain name is almost identical to the domain name <pepsico-usa.com> that was subject to CAC Case No. 103670. That domain name was also registered with the Registrar and its registrant was masquerading as the Complainant to register it using the Complainant's corporate address. \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a Response in this proceeding.",
    "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": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2021-06-15 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademark registrations for the sign “PEPSI” (the “PEPSI trademark”):\r\n\r\n- the United States trademark PEPSI with registration No. 824150, registered on 14 February 1967 for goods in International Class 32, with first use in commerce on 21 November 1911;  \r\n\r\n- the United Kingdom trademark PEPSI with registration No. UK00000978461, registered on 29 July 1971 for goods in International Class 32; and\r\n\r\n- the European Union trademark PEPSI with registration No. 000105247, registered on 28 October 1998 for goods in International Classes 25 and 32.\r\n\r\n\r\nThe Complainant is the owner of the following trademark registrations for the sign “PEPSICO” (the “PEPSICO trademark”):\r\n\r\n- the United States trademark PEPSICO with registration No. 3026568, registered on 13 December 2005 for goods in International Classes 14, 16, 18, 20 and 25; \r\n\r\n- the United Kingdom trademark PEPSICO with registration No. UK00000992395, registered on 19 May 1972 for goods in International Class 30; and\r\n\r\n- the European Union trademark PEPSICO with registration No. EU013357637, registered on 13 March 2015 for goods and services in International Classes 16, 29, 30, 32, 35, 36 and 41.",
    "decision_domains": {
        "MYPEPSICO-USA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}