{
    "case_number": "CAC-UDRP-104065",
    "time_of_filling": "2021-11-04 09:17:35",
    "domain_names": [
        "es-huawei.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "HUAWEI TECHNOLOGIES CO, LTD"
    ],
    "complainant_representative": "cv SNB-REACT ua",
    "respondent": [
        "ALEX  BREDDON"
    ],
    "respondent_representative": null,
    "factual_background": "Founded in 1987, the Complainant is a leading global provider of information and communications technology (ICT) infrastructure and smart devices. The Complainant has approximately 197,000 employees and operates in over 170 countries and regions, serving more than three billion people around the world. The Complainant is of the view that its trademarks are known by the Respondent, as the Complainant has been in the business for a considerable number of years and its trademarks have a well-known status all around the world.\r\n\r\nThe disputed domain name was created on 4 August 2021.\r\n\r\nThe Complainant states that the Respondent is not commonly known by the disputed domain name. Respondent is not making a legitimate non-commercial or fair use of the disputed domain name but is intending to use it for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.\r\nThe Complainant has no relationship with Respondent, it has never authorized Respondent to use the disputed domain name or any other domain name which reproduces its industrial property rights. In the absence of any license or permission from the Complainant to use its trademarks, no actual or contemplated bona fide or legitimate use of the disputed domain name could reasonably be claimed. Therefore, the Respondent is using in the view of the Complainant the disputed domain name to intentionally attract, for commercial gain, Internet users to the website, by creating a likelihood of confusion with the Complainant's trademarks, products and services, and this conduct additionally confirms that the Respondent has used the domain name in bad faith.\r\nFurthermore, on the website of the disputed domain name, HUAWEI trademarks were displayed together with the colours and aesthetics, font type and feel of the Complainant’s main website.\r\n\r\nFinally, the Respondent’s bad faith is in the view of Complainant demonstrated by its actual knowledge of Complainant’s rights in the prior HUAWEI trademarks to registering the disputed domain name.",
    "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": [
        "Jan Christian Schnedler, LL.M."
    ],
    "date_of_panel_decision": "2021-11-29 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademarks:\r\n\r\n- HUAWEI (word), International registration No. 0748648, of 4 December 2000, for goods and services in class 9, 35 and 42, designating several countries worldwide;\r\n\r\n- HUAWEI (word), EUTM registration No. 009967291, filed on 13 May 2011 and registered on 17 February 2012, for goods and services in all 45 classes;\r\n\r\n- HUAWEI (figurative), Spanish trademark registration No. 2672567(3), of 4 October 2005, for goods in class 9;\r\n\r\n- HUAWEI (figurative), EUTM registration No. 008309585, filed on 19 May 2009 and registered on 3 December 2009, for services in class 35, 37, 38, 42;\r\n\r\n- HUAWEI (figurative), international registration No. 1346122, of 7 February 2017, for goods in class 9, designating several countries worldwide;\r\n\r\n- HUAWEI MATE (word), EUTM registration No. 008309585, filed on 19 January 2015 and registered on 1 July 2015, for goods in class 9; and\r\n\r\n- HUAWEI MateBook (word), EUTM registration No. 014889034, filed on 8 December 2015 and registered on 23 March 2016, for goods in classes 9, 35 and 38.\r\n\r\nThe Complainant’s main and official website is available at “www.huawei.com”.\r\n",
    "decision_domains": {
        "ES-HUAWEI.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}