{
    "case_number": "CAC-UDRP-103971",
    "time_of_filling": "2021-08-16 10:59:27",
    "domain_names": [
        "skoda.live"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "ŠKODA AUTO a.s."
    ],
    "complainant_representative": "JUDr. Jiří Čermák advokát",
    "respondent": [
        "Cynapsis Interactive GmbH"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is an automobile manufacturer in the Czech Republic operating on the market for more than 120 years. It has been one of the most important Czech company and, the largest Czech exporter at the same time. In 1991, the Complainant became part of the German concern Volkswagen.\r\n\r\nThe Complainant´s distinctive sign ŠKODA, which was established in 1928 and registered as a trademark in 1929 for the first time, has been in use as a company name as well as a designation of the company´s branded automobiles which are successfully exported abroad.\r\n\r\nNo information is known about the Respondent who acquired the disputed domain name <skoda.live> on 21 May, 2019.\r\n\r\nThe disputed domain name is not currently used in connection with any goods or services and does not resolve to any active webpage.\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\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain name <skoda.live> and the Complainant's registered trademarks ŠKODA are confusingly similar. Particularly, the Complainant contends that the disputed domain name <skoda.live>  and its trademarks ŠKODA are identical given that:\r\n\r\n(i) the first word element only differs in the initial letter “Š” which could be due to the fact that the domain name system does not support use of the names written with the Czech diacritics; and\r\n\r\n(ii) the applicable top-level suffix “.live” must be disregarded under the similarity test as its function is merely technical and as such does not prevent the likelihood of confusion.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent has ever offered any goods or services under the disputed domain name, nor has making any businesses with the Complainant. Moreover, the Complainant states that the Respondent has not been licensed or authorized in other way to use the Complainant’s trademarks nor to apply for or use any domain name incorporating such trademarks.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration and use is concerned, the Complainant states that the overall evaluation of all factual elements leads to the conclusion that the Respondent choose to acquire and use the disputed domain name to create intentionally a confusion with the Complainant’s distinctive sing ŠKODA to monetize on the redirection of internet traffic to third party websites, which is a prima facie case of non-legitimate registration and use.\r\n\r\nThe Complainant points out particularly the high similarity between its trademarks and the disputed domain name, the fact that its brand ŠKODA has a long international tradition and was registered as a trademark a way before the disputed domain name was registered. \r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not respond to the Complaint.",
    "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": [
        "JUDr. Hana Císlerová, LL.M."
    ],
    "date_of_panel_decision": "2021-09-15 00:00:00",
    "informal_english_translation": "The Complainant is the registered owner or applicant of several trademarks for the name ŠKODA, among which the following:\r\n\r\n- ŠKODA international registration No. 197564D of 24 December 1956, for goods in classes 7 and 12;\r\n- ŠKODA international registration No. 991107 of 15 October 2008, for goods and services in classes 12 and 35 and 36;\r\n- ŠKODA international registration No. 1265214 of 4 May 2015, for goods in class 4;\r\n- ŠKODA, combined EUTM application No. 017991862, claiming a priority date of 30 May 2018, covering goods and services in classes 9, 12, 36, 37, 38, and 39; and\r\n- ŠKODA, combined EUTM application No. 017874242, claiming a priority date of 21 September 2017, covering goods and services in classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45.",
    "decision_domains": {
        "SKODA.LIVE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}