{
    "case_number": "CAC-UDRP-103929",
    "time_of_filling": "2021-07-13 08:41:03",
    "domain_names": [
        "huawei-es.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "HUAWEI TECHNOLOGIES CO, LTD"
    ],
    "complainant_representative": "cv SNB-REACT ua",
    "respondent": [
        "Sonya Graves"
    ],
    "respondent_representative": null,
    "factual_background": "The Complaint does not contain any specific information about the Complainant and its activity. It simply states that the Complainant's official website is at \"www.huawei.com\". The relevant website contains the following information about the Complainant: \"Founded in 1987, Huawei is a leading global provider of information and communications technology (ICT) infrastructure and smart devices. We have approximately 197,000 employees and we operate in over 170 countries and regions, serving more than three billion people around the world\".\r\n\r\nAccording to the Complaint, the Complainant's trademarks are well known and this circumstance is confirmed by the fact that the prestigious Forbes magazine ranked the Complainant in the 14th position of the World’s Best Employer in 2020, as well as in the 93rd position in the World’s Most Valuable Brands in 2020. \r\n\r\nThe disputed domain name was registered on 1 April 2021. At the time of the filing of the Complaint, the disputed domain name led to a website displaying the Complainant's figurative trademark and offering for sale alleged Huawei laptops. The bottom of the relevant webpage contains information about the alleged proprietor of the website, identified as the company \"Huawei ES\" with registered office in Madrid, Spain, and providing the relevant company number.\r\n\r\nBefore filing the Complaint, the Complainant, through its representatives, sent several take down notices to the Respondent, the Registrar and the ISP, without receiving any reply. ",
    "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": "According to the Complainant, the disputed domain name is identical to the Complainant's trademarks. The disputed domain name incorporates the Complainant's trademarks with the addition of the suffix \"-es\", which refers to Spain. The addition of this suffix is unable to create a substantial difference of the disputed domain name with the Complainant's trademark.\r\n\r\nIn the Complainant's view, the Respondent lacks rights or legitimate interests in the disputed domain name in view of the fact that: (i) the Respondent does not own, nor is the licensee of, any HUAWEI-ES distinctive sign; (ii) the Respondent is not commonly known by the disputed domain name, despite it claims to be named \"Huawei ES\" on the corresponding website; (iii) the Complainant never authorised the Respondent to register and\/or use the name \"Huawei ES\" and the Complainant's trademarks on its website or elsewhere; (iv) the Respondent is not using the disputed domain name in connection with a bona fide offering of goods or services, nor is making a legitimate non-commercial or fair use of the disputed domain name. Rather, the Respondent registered and is being using the disputed domain name to attract Internet users to its website by creating the false impression of a link or other connection with the Complainant, for commercial gain.  \r\n\r\nLastly, the Complainant maintains that the Respondent registered and is being using the disputed domain name in bad faith. \r\nAccording to the Complainant, the Respondent was well aware of the Complainant and of its trademarks at the time of the registration of the disputed domain name. A simple trademark or Internet search over the term \"huawei\" would have  returned results exclusively linked to the Complainant. Furthermore, the Complainant's trademark HUAWEI is well known worldwide.  The Respondent provided false contact information at the time of the registration of the disputed domain name.  Indeed, while the Respondent should be based in Spain, the relevant e-mail address ends with the ccTLD \".ru\". Furthermore, the telephone number mentioned in the Whois, has no real prefix, which induces to believe that it is incorrect. Lastly, the registration number and the address of the company mentioned at the bottom of the webpage corresponding to the disputed domain name do not refer to \"Huawei ES\" as indicated in this page, but to a different company, named Display Portatil XXI, S.L., which also differs from the Respondent's name. \r\n\r\nBy registering a disputed domain name confusingly similar to the Complainant's earlier trademarks, and by displaying same on its website, without disclosing that there is no relationship between the Respondent and the Complainant, the Respondent is creating the false impression of an affiliation or other kind of connection with the Complainant. The website associated with the disputed domain name offers for sale products allegedly manufactured by the Complainant. The Complainant sent several take down notices to the Respondent, pointing out the Complainant's earlier trademarks and asking for the removal of the infringement, without receiving any answer in reply. \r\nThus, the Respondent registered and is being using the disputed domain name to intentionally attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant's trademarks and its activity.\r\n\r\nAs far as the Respondent is concerned, it failed to submit any reply.",
    "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": [
        "Angelica Lodigiani"
    ],
    "date_of_panel_decision": "2021-08-25 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademarks:\r\n\r\n- HUAWEI (word), International registration No. 0748648, of 4 December 2000, for goods and services in class 9, 35 and 42, designating several countries worldwide;\r\n\r\n- HUAWEI (word), EUTM registration No. 009967291, filed on 13 May 2011 and registered on 17 February 2012, for goods and services in all 45 classes;\r\n\r\n- HUAWEI (figurative), Spanish trademark registration No. 2672567(3), of 4 October 2005, for goods in class 9;\r\n\r\n- HUAWEI (figurative), EUTM registration No. 008309585, filed on 19 May 2009 and registered on 3 December 2009, for services in class 35, 37, 38, 42;\r\n\r\n- HUAWEI (figurative), international registration No. 1346122, of 7 February 2017, for goods in class 9, designating several countries worldwide;\r\n\r\n- HUAWEI MATE (word), EUTM registration No. 008309585, filed on 19 January 2015 and registered on 1 July 2015, for goods in class 9; and\r\n\r\n- HUAWEI MateBook (word), EUTM registration No. 014889034, filed on 8 December 2015 and registered on 23 March 2016, for goods in classes 9, 35 and 38.\r\n",
    "decision_domains": {
        "HUAWEI-ES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}