{
    "case_number": "CAC-UDRP-103826",
    "time_of_filling": "2021-05-25 09:36:11",
    "domain_names": [
        "magicscotch-new.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "3M Company"
    ],
    "complainant_representative": "JUDr. Jiří Čermák advokát",
    "respondent": [
        "AB Cloud Group Ltd"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is an industrial and consumer product company based in St. Paul, MINNESOTA, USA. The Complainant has been manufacturing adhesive tapes under the brand \"Scotch\" and \"Magic Scotch\" since 1930s when the Complainant's engineer developed the first sample of the transparent sticky tape and Scotch masking tape that later evolved into their current forms. Universality of the \"Scotch tape\" was recognized very early and earned confidence among the consumers turning it into an indispensable item for every household, firstly in the USA, later around the world.\r\n\r\nThe Respondent is a Company on the Seychelles, using a hidden domain holder name, who is represented by his Registry which is based in Cyprus. The disputed domain name was registered on August 29, 2019 and contains a website that offers for sale and sells “Magic scotch tapeˮ with double sided adherence. This product is not an original Complainant's product and bears the Complainant's trademarks without authorization from the Complainant as the Trademarks owner.\r\n\r\nThe Complainant, represented by JUDr. Jiří Čermák, filed the Complaint against the Respondent claiming that the Respondent registered the disputed domain name without rights or legitimate interest and in bad faith. Therefore, the registration should be declared abusive and the disputed domain name transferred to the Complainant.\r\n\r\nThe Respondent didn’t react to the Complainant‘s contentions.\r\n\r\nFor legal reasoning, please see Principal Reasons for the Decision.",
    "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": [
        "Dr. jur. Harald von Herget"
    ],
    "date_of_panel_decision": "2021-06-28 00:00:00",
    "informal_english_translation": "The Complainant registered scotch trademarks, e.g US verbal trademark SCOTCH, Reg. No. 0805065, registered for goods in class 9, registration date August 3, 1966; \r\nThe EU verbal trademark SCOTCH, Reg. No. 2900884, registered for goods in classes 16 and 17, registration date June 14, 2002;\r\nThe EU verbal trademark SCOTCH, Reg. No. 3201671, registered for goods in classes 8, 16 and 17, registration date December 23, 2002;\r\nFurther he registered verbal trademarks „magic“. The EU verbal trademark MAGIC, Reg. No. 5175849, registered for goods in class 16, registration date April 1, 2008.\r\nBoth are active and were registered before the Respondent registered the disputed domain name.\r\n\r\nThe Complainant also provided evidence that it owns a domain name containing the names “scotch“ and “magic“, registered well before the Respondent registered the disputed domain name.",
    "decision_domains": {
        "MAGICSCOTCH-NEW.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}