{
    "case_number": "CAC-UDRP-104014",
    "time_of_filling": "2021-09-09 09:33:05",
    "domain_names": [
        "Lovehkney.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Lovehoney Group Limited "
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Fundacion Comercio Electronico"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n\r\nThe Complainant, LOVEHONEY Group Limited (hereinafter “Lovehoney” or “the Complainant”), is the owner of the LOVEHONEY trademarks. \r\n\r\nFounded in 2002, Lovehoney is the largest British company selling sex toys, lingerie and erotic gifts on the Internet, and continues to grow rapidly across the world as a retailer, manufacturer and distributor. Lovehoney has over 400 own-brand products and possesses exclusive licenses to design, manufacture and sell featured adult pleasure products. Lovehoney employs around 300 people and is open seven days a week, selling products to 46 countries in Europe, North America and Australasia through nine websites. Lovehoney focuses on exceptional customer service, product innovation, website usability and creative marketing so as to always be at the forefront of developments in sexual wellbeing and ecommerce. \r\n\r\nLovehoney’s company, website and products have received numerous awards (https:\/\/www.lovehoney.co.uk\/) 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), and many others. Lovehoney is also rated as ‘Excellent’ in over 80,000 customer reviews on Trustpilot, the renowned independent review website.\r\n\r\nThe Complainant also enjoys a strong online presence via its official websites and social media. Due to extensive use and advertising, Lovehoney’s on-line shops are easily recognized by consumers. \r\n\r\nThe disputed domain name <lovehkney.com> was registered on March 5, 2021 and at the time the amended complaint was filed, the disputed domain name redirected to a rotating series of third-party websites, e.g. to https:\/\/euro-times.org with warning of being fraudulent.",
    "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 contends that: \r\n\r\n- the disputed domain name <lovehkney.com> is almost identical to the Complainant's LOVEHONEY trademark,\r\n - the Respondent lacks rights or legitimate interests in the disputed domain name, and that \r\n- the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO 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.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2021-10-18 00:00:00",
    "informal_english_translation": "The Complainant has proven to be the owner of the LOVEHONEY trademark.\r\nThe Complainant is, inter alia, the owner of the following trademarks: \r\n- US trademark registration No. 3350209 LOVEHONEY registered on December 11, 2007;\r\n- International trademark registration No. 1091529 LOVEHONEY registered on June 27, 2011 designating Australia, Switzerland, China, Iceland, Japan, Norway, New Zeeland, Russian Federation and Singapore; and \r\n- EU trademark registration No. 003400298 LOVEHONEY, registered on January 17, 2005.\r\n\r\nThe Complainant has also registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term “LOVEHONEY”, for example, <lovehoney.com> (created on December 1, 1998), <lovehoneygroup.com> (created on March 14, 2012), <lovehoney.co.uk> (created on April 30, 2006), <lovehoney.ca> (created on September 9, 2008), and others. \r\nThe Complainant uses these domain names to connect to websites through which it informs potential customers about its LOVEHONEY mark and its products and services.",
    "decision_domains": {
        "LOVEHKNEY.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}