{
    "case_number": "CAC-UDRP-104016",
    "time_of_filling": "2021-09-10 11:28:08",
    "domain_names": [
        "drpen.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "eShopping Group Pty Ltd"
    ],
    "complainant_representative": "Dr. Daniel Dimov (Dimov Internet Law Consulting)",
    "respondent": [
        "Eric Tan  Jun Zi"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a licensee of the owner of the U.S. trademark “DR.PEN” No.4991515, registered on July 5, 2016.  The trademark owner is the Chinese company Guangzhou Ekai Electronic Technology Co., Ltd.\r\n\r\nAccording to the Complainant, the disputed domain name <drpen.com> is very similar to the trademark \"DR.PEN\" since the mere presence of a dot after the abbreviation \"DR\" in the trademark does not render the trademark dissimilar from the disputed domain name.\r\n\r\nThe Complainant informs that no evidence suggests that the Respondent has been commonly known within the consumers by the disputed domain name or by the name \"DR.PEN\", almost entirely reproduced in the disputed domain name, before the beginning of the present dispute. The Complainant also states that Guangzhou Ekai Electronic Technology Co., Ltd. did never grant any license or authorization to register or use the disputed domain name to the Respondent.\r\n\r\nThe Complainant informs that the present dispute concerns the domain name <drpen.com> which was registered in 2000 but acquired by the current owner on July 20, 2018 or later.  According to the Complainant this circumstance indicates that the Respondent was well aware of the Complainant prior trademark rights at the moment of the acquisition of the domain name in dispute.\r\n\r\nFinally, the Complainant points out that the domain name in dispute is used in connection with a website in which are shown and sold micro-needling skincare devices which aim to tighten, lift and rejuvenate  skin bearing the mark \"DR.PEN\" owned by Guangzhou Ekai Electronic Technology Co., Ltd. and licenced to the Complainant.\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\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": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2021-10-11 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant relies on U.S. trademark “DR.PEN” No.4991515, registered on July 5, 2016.",
    "decision_domains": {
        "DRPEN.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}