{
    "case_number": "CAC-UDRP-104184",
    "time_of_filling": "2021-11-26 09:45:57",
    "domain_names": [
        "todsshoesaus.com",
        "todssingaporeoutlet.com",
        "todsireland.com",
        "todsus.com",
        "todsonlineindia.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "TOD'S S.p.A."
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "Whoisprotection.cc"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a well-known company that sells luxury goods (such as shoes and other footwear) for men and women, with headquarters in Italy. The Complainant is active in Europe, the U.S., China, Japan, Malaysia, Singapore, Hong Kong, Indonesia, Turkey and Australia. The Complainant asserts to have about 4.600 employees worldwide, and to have generated almost 650 million euros in revenues in 2020, of which almost 47% came from the trademark TOD’S.\r\n\r\nThe Complainant has submitted evidence that it is the registered owner of several TOD’s trademarks, mentioned above under \"Identification of rights\".\r\n\r\nThe Complainant has submitted evidence that it is the owner of the following domain names consisting of the TOD’S trademark(s): \r\n\r\n•\t<www.todsgroup.com>, registered on 10 September 2000; and\r\n•\t<www.tods.com>, registered on 15 May 2005.\r\n\r\nThe Complainant has submitted evidence that it exploits the TOD’S Trademark(s), inter alia, via social media platforms such as Instagram, Facebook, YouTube, and Pinterest. \r\n\r\nThe Complainant has submitted evidence that it has franchised stores in Malaysia, the home country of the Respondent, and TOD’S stores in Singapore. \r\n\r\nThe disputed domain names were registered on:\r\n•\t22 March 2021: todsshoesaus.com;\r\n•\t22 March 2021: todssingaporeoutlet.com;\r\n•\t24 March 2021: todsireland.com;\r\n•\t22 March 2021: todsus.com; \r\n•\t27 March 2021: todsoutletgreece.com; and\r\n•\t25 March 2021: todsonlineindia.com.\r\n\r\nThe Complainant has demonstrated evidence that, at the time of filing its complaint, the disputed domain names refer to websites that display the TOD’S Trademark(s), and that offer for sale products that are labelled with the TOD’S Trademark(s).\r\n\r\nOn 25 October 2021, the Complainant sent the Respondent a cease and desist message via the contact forms of the disputed domain names, to which the Respondent did not respond. \r\n",
    "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.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 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 name have been registered and are 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.\r\n\r\nIn accordance with article 10 e) of the Rules and article 4.f. of the Policy, the Panel accepts the Complainant’s request to consolidate the six domain name disputes. The Panel accepts the Complainant’s request based on the following grounds. First, the disputed domain names all refer to webpages that look identical in terms of lay-out, and all display the Complainant’s TOD’S trademark(s) in the same manner. Second, the disputed domain names all seem to have a similar purpose, namely selling (identical or at least similar) goods that look similar to the Complainant’s products via an online shop. Third, the registration of the disputed domain names happened within a time span of only a couple of days, namely from 22 March 2021 to 27 March 2021. Fourth, the disputed domain names all consist of the Complainant’s trademark with the addition of either (references to) geographical locations, or generic and descriptive terms. Fifth, the domain names all have the same hosting provider. Sixth, the domain names all have the same IP ASN. Lastly, aside from the disputed domain name <todsoutletgreece.com>, the disputed domain names have similar or identical WHOIS information, such as the registrant’s address, the registrar, the registrar WHOIS Server, etc. The above mentioned grounds lead the panel to believe that the disputed domain names are indeed being exploited under common control.  ",
    "decision": "Accepted",
    "panelists": [
        "Bart Van Besien"
    ],
    "date_of_panel_decision": "2022-01-04 00:00:00",
    "informal_english_translation": "The Complainant submitted evidence that it is the registered owner of the following trademarks (hereafter: the “TOD’S trademark(s)”): \r\n\r\n•\tEU trademark registration n. 010158889 “TOD’S” (word trademark), registered on 29 December 2011, valid for classes 3, 9, 14, 18, 25 and 35;\r\n•\tEU trademark registration n. 000407031 “TOD’S” (word trademark), registered on 13 September 2004, valid for class 9;\r\n•\tInternational trademark registration n. 1006548 “TOD’S” (figurative trademark), registered on 1 June 2009, valid for class 14;\r\n•\tInternational trademark registration n. 858452 “TOD’S” (figurative trademark), registered on 20 May 2005, valid for class 14;\r\n•\tUS trademark registration n. 1459226 “TOD’S” (figurative trademark), registered on 29 September 1987, valid for classes 25.01.25 and 26.03.28; and\r\n•\tAustralian trademark registration n. 1498996 “TOD’S” (figurative trademark), registered on 12 November 2012, valid for class 3, 9, 25, and 35.\r\n\r\n",
    "decision_domains": {
        "TODSSHOESAUS.COM": "TRANSFERRED",
        "TODSOUTLETGREECE.COM": "TRANSFERRED",
        "TODSSINGAPOREOUTLET.COM": "TRANSFERRED",
        "TODSIRELAND.COM": "TRANSFERRED",
        "TODSUS.COM": "TRANSFERRED",
        "TODSONLINEINDIA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}