{
    "case_number": "CAC-UDRP-104199",
    "time_of_filling": "2021-12-01 09:10:11",
    "domain_names": [
        "HighlandKiltStore.com "
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Highland Kilt Company LLC"
    ],
    "complainant_representative": "Dr. Daniel Dimov (Dimov Internet Law Consulting)",
    "respondent": [
        "adnan  younas"
    ],
    "respondent_representative": null,
    "factual_background": "Complainant states that it has been using the HIGHLAND KILT Trademark since 2007 and operates a website using the domain name <highlandkilt.com>, which apparently offers for sale kilts, clothing, and accessories.\r\n\r\nThe Disputed Domain Name was created on November 4, 2020, and, according to the Complaint, is being used in connection with a website offering kilts for sale that copies images of the kilts from Complainant’s website.  In support thereof, Complainant provided copies of emails from customers who apparently were misled into believing that they had ordered products from Complainant’s website when, in fact, they had ordered from Respondent’s website.\r\n\r\nComplainant contends, in relevant part, as follows:\r\n\r\nParagraph 4(a)(i): Complainant states that the Disputed Domain Name is confusingly similar to the HIGHLAND KILT Trademark because “the Domain Name consists of three elements ‘HIGHLAND’, ‘KILT’, and ‘STORE’ and the first two of those elements are identical to the first two elements of the trademark ‘HIGHLAND KILT COMPANY’”; “the third element ‘STORE’ of the Domain Name is not distinctive as it merely indicates that the Domain Name is used for the sale of products”; and “the third element is located in the end of the trademark, thus its importance for assessing the confusing similarity between the compared terms is lower.”\r\n\r\nParagraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, the Disputed Domain Name “has been used to mislead the users of the Complainant’s website into believing that the website associated with the Domain Name is somehow related to the Complainant’s website”; “Respondent does not have any trademarks corresponding to the Domain Name” and “is not commonly known by the Domain Name”; and “Respondent is not making a legitimate non-commercial or fair use of the Domain Name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue” because “the Domain Name merely refers to an online store… selling products” indicating that “the Domain Name is used with the intent to misleadingly divert consumers.”\r\n\r\nParagraph 4(a)(iii): Complainant states that the Disputed Domain Name was registered and is being used in bad faith because, inter alia, “Respondent intentionally attempts to attract, for commercial gain, Internet users to the Respondent’s website by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website and or the products sold through the Respondent’s website.  To mislead Internet users, the Respondent has incorporated the Complainant’s unregistered trademark ‘HIGHLAND KILT’ and the first two elements of the Complainant’s registered trademark in its Domain Name and copied the copyright-protected materials of the Complainant.  Since the Complainant and the Respondent operate in the same businesses segment, consumers will likely be misled by the similarity in the trademarks and the photos available on the two websites.”\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the Disputed Domain Name.",
    "no_response_filed": "No administratively compliant response has been filed.",
    "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 UDRP).",
    "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 UDRP).",
    "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 UDRP).",
    "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": [
        "Douglas M. Isenberg"
    ],
    "date_of_panel_decision": "2021-12-29 00:00:00",
    "informal_english_translation": "Complainant states, and provides evidence to support, that it is the owner of U.S. Reg. No. 5,748,766 for the mark HIGHLAND KILT COMPANY (registered May 14, 2019) for use in connection with “tartan fabrics” and “kilts, t-shirts, tartan kilts”  (the “HIGHLAND KILT Trademark”).",
    "decision_domains": {
        "HIGHLANDKILTSTORE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}