{ "case_number": "CAC-UDRP-103968", "time_of_filling": "2021-08-16 11:13:10", "domain_names": [ "lovehoney.gay" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Lovehoney Group Limited " ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Jess McCarthy" ], "respondent_representative": null, "factual_background": "The Complainant is a UK based company that sells sex toys, lingerie and erotic gifts on the Internet. It owns several trademark registrations for LOVEHONEY that predate the registration of the disputed domain name. It also holds a number of domain names containing the term LOVEHONEY.\r\n\r\nThe disputed domain name was registered on 26 October 2020. \r\n\r\nOn 28 December 2020, the Complainant’s representative, Brandit GmbH, sent a cease and desist letter to the Respondent via GoDaddy, the Registrar for the disputed domain name.\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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant asserts that:\r\n\r\n1.\tThe disputed domain name is identical to its trademark LOVEHONEY, which predates the registration of the disputed domain name. It holds a number of domain names containing the term LOVEHONEY that are used for its official websites. These include: (created on 1 December 1998), (created on 14 March 2012), (created on 30 April 2006); and (created on 9 September 2008).\r\n2.\tIt has strong online presence and has received numerous awards including the Best Customer Service Award for online retailers at the eCommerce Awards for Excellence, Queen’s Award for Enterprise in International Trade (2021), Best Online Retailer (2020), International Pleasure Products Company of The Year (2020).\r\n3.\tThe Respondent has no rights or legitimate interests in the disputed domain name, which was created many years after the registrations of the Complainant’s LOVEHONEY trademarks. The Complainant has not granted the Respondent any right or licence to use the LOVEHONEY trademark in the disputed domain name, nor endorsed or sponsored the Respondent or the Respondent's website, nor is the Respondent affiliated to the Complainant. There is no evidence that the Respondent is known by the disputed domain name or owns any corresponding registered trademark including the terms “lovehoney.gay”. An Internet search for the term “lovehoney” or “lovehoney.gay” return results that relate to Complainant’s official websites. \r\n4.\tAt the time of filling of the Complaint, the disputed domain name resolved to an active pay-per-click page containing the links to third party’s websites. This is not a bona fide offering of goods and services\r\n5.\tAs the available WHOIS records had no contact information the Complainant could use to contact the Respondent, a cease and desist letter was sent to the Respondent via the abuse contact of the Registrar. The Respondent did not reply.\r\n6.\tThe disputed domain name was registered and is being used in bad faith. The Respondent must have known of the Complainant when it registered the disputed domain name and most likely registered it to take advantage of reputation of the trademark and Complainant’s goodwill. \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent asserts that he did not receive any correspondence from Brandit.com nor a \"cease and desist\" that was sent to GoDaddy. He states he did not believe there would be an issue with holding the disputed domain name and had assumed that that the Registrar, GoDaddy, would flag any issues if he had acted out of scope. He states that the holding\/landing page for the disputed domain name is GoDaddy's default. He says he has not activated or used the disputed domain name in any capacity and denies that there has been any profit from it and says it is deactivated and he no longer has any control or claim to it.", "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": "On 30 August 2021, the Complainant requested a suspension of the proceedings as the Parties had commenced settlement negotiations. The Respondent confirmed the suspension request on 31 August 2021. The Complainant filed a Standard Settlement stating that the Parties had reached a settlement that the disputed domain name be transferred to the Complainant. The Respondent did not confirm the settlement. On 3 September 2021, the Complainant paid the additional fee in accordance with Annex A of the UDRP Supplemental Rules of the Czech Arbitration Court and the proceedings were resumed.\r\n \r\nThe 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": [ "Veronica Bailey" ], "date_of_panel_decision": "2021-09-08 00:00:00", "informal_english_translation": "The Complainant owns trademark registrations for LOVEHONEY including:\r\n\r\n•\tUS trademark registration number 3350209, registered on 11 December 2007 in classes 3; 5, 10, 25, 28 and 35;\r\n•\tInternational trademark registration number 1091529, registered on 27 June 2011 in classes 3, 5, 10, 25, 28 and 35; and \r\n•\tEU trademark registration number 003400298, registered on 17 January 2005 in classes 3, 5, 10, 25, 28 and 35.\r\n", "decision_domains": { "LOVEHONEY.GAY": "TRANSFERRED" }, "panelist": null, "panellists_text": null }