{
    "case_number": "CAC-UDRP-104030",
    "time_of_filling": "2021-10-04 10:10:13",
    "domain_names": [
        "hitachi-powergrids.org",
        "hitachi--powergrids.com",
        "hitachi-power-grids.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Hitachi, Ltd"
    ],
    "complainant_representative": "RODENBAUGH LAW",
    "respondent": [
        "Saint Tommy"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, Hitachi Ltd, is a Japanese multinational company that offers innovative, world class consumer, business, and government products and services. The Complainant was founded in 1910.  Hitachi Group’s products range from telecommunications and infrastructure solutions to construction machinery and electronic systems and equipment. The Complainant’s group is commonly referenced as the “Hitachi Group”, comprised of Hitachi Ltd, and subsidiaries present on a global scale. The Hitachi Group currently employs about 300,000 people worldwide and provides products and services around the globe.   Among its commercial activities, the Complainant owns a company called Hitachi ABB Power Grids which provides services to power grid operators worldwide in the areas of grid connectivity, operational efficiency, quality control, security, sustainability, and digital transformation. \r\n\r\nThe disputed domain names were all registered in a time window between 10 February and 16 June 2021. The disputed domain names all currently resolve to error pages. There is no evidence before the Panel that any of the disputed domain names has ever been used for an active website since they were registered. However, the Complainant adduced evidence to show that some of the disputed domain names were used to send phishing e-mails to the Complainant's customers, seeking to impersonate employees of the Complainant's subsidiary Hitachi ABB Power Grids.  ",
    "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 names.",
    "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 names are identical or confusingly similar to a trade mark 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 names (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 names have been registered and are  being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).",
    "procedural_factors": "The Complainant has pointed out that the present proceedings are linked to earlier proceedings in CAC case number 103663 (Hitachi Ltd -v- St Jude <hitachi-powergrlds.com> and <Hitachi-powerqrids.com>) insofar as that earlier case also related, in virtually identical circumstances, (i) to the registration of domain names where each of the disputed domain names either inverts a letter, substitutes a similar letter, or adds a dash to the core domain name structure <hitachi-powergrids.com>; (ii) the disputed domain names were all registered in a narrow time window; (iii) none of the disputed domain names resolves to an active website; and (iv) the WHOIS information for each domain name is either patently fictional or obfuscated by a privacy service.\r\n\r\nAs in the cited earlier case, the Whois records for the disputed domain names in the present proceedings identify different registrant names, and these proceedings therefore in principle concern multiple Respondents and a request by the Complainant that the domain names and the named Respondents be consolidated in a single UDRP proceeding.  In determining this issue, the Panel respectfully acknowledges the decision in CAC case number 103663 and adopts the reasoning of the Panel in that case: \r\n\r\nParagraph 4(f) of the Policy provides that “[i]n the event of multiple disputes between [a respondent] and a complainant, either [the respondent] or the complainant may petition to consolidate the disputes before a single Administrative Panel….” This is allowed where it “promotes the shared interests of the parties in avoiding unnecessary duplication of time, effort and expense, reduces the potential for conflicting or inconsistent results arising from multiple proceedings, and generally furthers the fundamental objectives of the Policy.” (See, for example, WIPO Case No D2009-0985, MLB Advanced Media, The Phillies, Padres LP -v- OreNet, Inc.). Furthermore, paragraph 3(c) of the Rules provides that “[t]he complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder.” UDRP panels have looked to a variety of factors in determining whether multiple domain names are, in fact, of common ownership. (see WIPO Overview 3.0 at par. 4.11.2). Such factors as similarities in the Whois information, similar naming conventions in the disputed domain names, similar website resolution, etc., may lead to the conclusion that domain names with different registrant names are, nevertheless, owned by a single entity. (See, for example, WIPO Case No D2014-0474, Delta Dental Plans Association -v- ICS INC., et al. (consolidation of 31 domains allowed where “[t]he Panel notes that each of the disputed domain names follows an identical naming convention, namely (DELTA DENTAL marks + of + state name or two-letter state abbreviation); WIPO Case No D2021-0497, Cephalon Inc -v- Whois Privacy Protection Foundation \/ Grigorij Minin, Whois Privacy Protection Foundation \/ Artem Bogdanov, and Alex Ivanov, Evgeny Shaposhniko (while the names of the registrants of the disputed domain names are different, one factor to consider in allowing consolidation “the Domain Names were registered on two days, November 13, 2020 and November 20, 2020, with only seven days difference”).\r\n\r\nIn the present case, the registrant names for the disputed domain names differ. However, the same naming pattern (i.e., use of the Complainant’s trade mark followed by a hyphen and a misspelling of the phrase “power grid)” is used for each of the disputed domain names. Furthermore, all of the disputed domain names were registered within a narrow  time window and none resolves to an active website. The Complainant also points out that some of the address and phone information in the relevant Whois records is fictitious or non-functional. In view of these similarities between the disputed domain names, the Panel finds it likely on balance that they are owned by the same person.  The Panel further notes that none of the registrants of the disputed domain names has participated in these proceedings to dispute the Complainant's assertion of common ownership. The Panel therefore finds that there are sufficient grounds to conclude that it would be equitable and procedurally efficient to permit the consolidation of the disputed domain names into this single case.\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": [
        "Gregor Kleinknecht"
    ],
    "date_of_panel_decision": "2021-11-18 00:00:00",
    "informal_english_translation": "The Complainant owns a portfolio of trade marks consisting of the name HITACHI in multiple classes and numerous countries around the world, including the US trade mark HITACHI, registration number 0701266, first registered on 19 July 1960; the Japanese trade mark HITACHI, registration number 1492488, first registered on 25 December 1981; the EU trade marks HITACHI, registration number 000208645, first registered on 21 December 1999; registration number 001070192, first registered on 19 September 2000; registration number 002364313, first registered on 27 November 2002; and registration number 002809903, first registered on 3 October 2003; and the UK trade mark HITACHI, registration number UK00000811836, first registered on 11 October 1960. The Complainant’s trade mark registrations all predate the registration of the disputed domain names.\r\n\r\nFurthermore, the Complainant owns multiple domain names consisting of and incorporating the name HITACHI, including <hitachiabb-powergrids.com> and <hitachi-powergrids.com>, which are all connected to the Complainant's official website at <hitachienergy.com> through which it informs Internet users and customers about its products and services in the energy sector.",
    "decision_domains": {
        "HITACHI-POWERGRIDS.ORG": "TRANSFERRED",
        "HITCAHI-POWERGRIDS.COM": "TRANSFERRED",
        "HITACHL-POWERQRIDS.COM": "TRANSFERRED",
        "HITACH-POWERGRIDS.COM": "TRANSFERRED",
        "HITACHI--POWERGRIDS.COM": "TRANSFERRED",
        "HITACHI-POWER-GRIDS.COM": "TRANSFERRED",
        "HITAHCI-POWERGRIDS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}