{
    "case_number": "CAC-UDRP-104015",
    "time_of_filling": "2021-09-16 11:43:37",
    "domain_names": [
        "SBKRACING.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "DORNA WSBK ORGANIZATION Srl"
    ],
    "complainant_representative": "De Simone & Partners Srl",
    "respondent": [
        "Chien  Lung Lee"
    ],
    "respondent_representative": null,
    "factual_background": "As the Respondent did not file any response to the Complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:\r\n\r\n(a) The Complainant is the organizer of world famous motorcycle racing events known as Superbike World Championship or SBK which are advertised under the domai name <worldsbk.com>. Under such domain name, motorcycle clothing and accessories branded by the SBK logo with the characteristic chevron are also sold. \r\n\r\n(b) The Complainant is the owner of Complainant's Trademarks. \r\n\r\n(c) The Respondent is using the disputed domain name to sell motorbike accessories and clothing. Such products are marked by a sign very similar to the Complainant's SBK logo with the characteristic chevron, without authorization of the Complainant. ",
    "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\nIn addition to the above factual assertions, the Complainant also contends the following:\r\n\r\n(a) The disputed domain name is confusingly similar to Complainant's Trademarks as it contains the distinctive element \"SBK\" with adding a descriptive term \"racing\" which is not sufficient to exclude the likelihood of confusion between the disputed domain name and Complainant's Trademarks.\r\n\r\n(b) The Respondent has not been authorized or licensed to use Complainant's Trademarks neither it is known by the name SBK Racing or SBK. Therefore, the Respondent has no legitimate interest in the disputed domain name.\r\n\r\n(c) When registering the disputed domain name, the Respondent must have been aware of the Complainant’s well-known business and reputation of Complainant's Trademarks. At the Respondent web site there are motorbikes, moto clothing with sponsors known in the SBK Superbike Motor Championship and there are products sold under the imitation of SBK brand for which the Respondent has no authorization. Therefore, the Respondent registered and has been using the disputed domain name in bad faith. \r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not provide any response to the complaint.",
    "rights": "The Panel concluded that the disputed domain name is confusingly similar to Complainant’s Trademark within the meaning of paragraph 4(a)(i) of the Uniform Domain Name Dispute Resolution Policy (\"UDRP\" or \"Policy\").\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".",
    "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.\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".",
    "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.\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".",
    "procedural_factors": "The Panel is satisfied that all procedural requirements under the Policy were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Michal Matějka"
    ],
    "date_of_panel_decision": "2021-10-22 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks including the term \"SBK\" registered in the EU, Taiwan and United States, such as EU trademarks no. 4615936, 5758404, 10341915, 10391977, 10392033, 10392074, 10392141, 10441624, 11220977, 11221249, 17993084, Taiwanese trademarks no. 01605640, 01862881 and US trademarks 3476636, 3856880, 4212017, 4273907, 4290640, 4290649, 4329886, 4838976 (\"Complainant's Trademarks\").\r\n\r\nThe disputed domain name <sbkracing.com> was registered on 30 October 2020.",
    "decision_domains": {
        "SBKRACING.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}