{
    "case_number": "CAC-UDRP-103809",
    "time_of_filling": "2021-05-21 09:31:32",
    "domain_names": [
        "underarmourshoesoutletstore.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Under Armour Inc. "
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "Jonathan  Poleszczuk"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is an U.S. company that manufactures footwear, sports and casual apparel and is headquartered in Baltimore, Maryland with additional offices located in Amsterdam (European headquarters), Austin, Guangzhou, Hong Kong, Houston, Jakarta, London, Mexico City, Munich, New York City, Panama City (International headquarters), Paris, Pittsburgh, Port-land, San Francisco, São Paulo, Santiago, Seoul, Shanghai (Greater Chinese headquarters), and Toronto.\r\n\r\nFounded in 1996 manufactures and distributes performance apparel - gear. In 2005, the Complainant went public, trading at NASDAQ under “UARM”. Following year, the footwear business captured a 23% share of the market. Also, the Complainant became sponsor of famous athletes as Ray Lewis, Lindsey Vonn, Georges St-Pierre, Brandon Jennings, Michael Phelps, Tom Brady and Sloane Stephens. Over the years, the Complainant has made significant strides in establishing a strong presence outside of the US. Through on-field partnerships with elite professional teams and players, the brand gained traction with athletes in Japan, Europe, Canada, Latin America. Today, the Complainant is widely known as one of the largest sportswear brands in the U.S. also for its partnership with NBA athlete Stephen Curry.\r\n\r\nAlso, the Complainant’s websites and social media accounts generate a significant number of visitors by internet users every day. For example, the Complaint’s Facebook account has more than ten million followers.\r\n\r\nThe Complainant uses, inter alia, the domain names <UNDERARMOUR.COM>, <UNDER-ARMOUR.ASIA> and <UNDERARMOUR.CN> as well as its trademarks “UNDER ARMOUR” for its services and as company name.\r\n\r\nThe disputed domain name <UNDERARMOURSHOESOUTLETSTORE.COM> has been registered by the Respondent on September 30, 2017. It points to a website publishing the “UNDER ARMOUR” trademarks and promoting and selling purported products of the Complainant. In detail, the linked website hosts an e-shop offering for sale products from the Complainant's portfolio, i.e. apparel and shoes bearing the Complainant's trademarks. In light of the low prices, the apparel and shoes offered for sale are prima facie counterfeit products.\r\n\r\nThe domain name website does not contain any information about the owner or operator of the e-shop and no contact details are provided. It only includes the brief statement \"Powered by http:\/\/www.underarmourshoesoutletstore.com\/”.",
    "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",
    "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": "2021-06-28 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks consisting of the word element “UNDER ARMOUR”, such as:\r\n\r\n- U.S.A. Trademark Registration n° 2279668 for UNDER ARMOUR of September 21, 1999 in class 25;\r\n- U.S.A. Trademark Registration n° 2509632 for UNDER ARMOUR of January 11, 2005 in class 25;\r\n- U.S.A. Trademark Registration n° 2917039 for UNDER ARMOUR of November 20, 2001 in class 25;\r\n- International Trademark n° 996450 for UNDER ARMOUR – of February 18, 2009, in classes 15 and 28; and\r\n- European Union Trademark n° 002852721 for UNDER ARMOUR of December 09, 2003, in class 25.\r\n\r\nFurthermore, the Complainant is the owner of several domain names consisting of the word elementbearing “UNDER AR-MOUR”, such as:\r\n\r\n<UNDERARMOUR.COM>, registered on June 2, 1997, <UNDERARMOUR.ASIA>, registered on November 27, 2007, or <UNDERARMOUR.CN>, registered on November  16, 2005. ",
    "decision_domains": {
        "UNDERARMOURSHOESOUTLETSTORE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}