{ "case_number": "CAC-UDRP-104186", "time_of_filling": "2021-11-25 09:28:13", "domain_names": [ "internationalmaritimesacademy.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "INTERNATIONAL MARITIME ACADEMY LLP" ], "complainant_representative": null, "respondent": [ "ZAKARIA FTAICHI" ], "respondent_representative": null, "factual_background": "The Complainant, International Maritime Academy LLP, is a well-known maritime training provider incorporated on December 29, 2020.\r\n\r\nThe Complainant holds several trademark registrations for “INTERNATIONAL MARITIME ACADEMY” and the Complainant also holds the domain name bearing “INTERNATIONAL MARITIME ACADEMY”.\r\n\r\nOn April 30, 2021; the Respondent registered the disputed domain name and on January 30, 2021; the Respondent registered the other disputed domain name .\r\n\r\nOn November 12, 2021; the Complainant sent a cease and desist letter to the Respondent and did not receive any response from the Respondent.", "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n1. THE DISPUTED DOMAIN NAMES ARE CONFUSINGLY SIMILAR\r\n\r\nThe disputed domain names are confusingly similar to the Complainant’s well-known and distinctive trademark “INTERNATIONAL MARITIME ACADEMY” as they bear the Complainant’s “INTERNATIONAL MARITIME ACADEMY” trademark as a whole with the addition of the letter “S”.\r\n\r\nThe Complainant argues that the presence of the top-level domain (TLD) “.com” and “.org” cannot abolish the similarity between the trademark and the disputed domain names.\r\n\r\nThe Complainant states that the disputed domain names contain an obvious misspelling of the Complainant’s trademark and the present case is a clear example of typosquatting where the disputed domain names are slight alphabetical variations of the Complainant’s trademark.\r\n\r\n\r\n2. NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAMES\r\n\r\nThe Complainant states that the Respondent has no rights on the disputed domain names as the Respondent is not known as the disputed domain names and as the Respondent does not hold any trademark for “INTERNATIONAL MARITIME ACADEMY”.\r\n\r\nThe Complainant argues that the Respondent is not using the disputed domain names in connection with bona fide offering of goods or services or a legitimate non-commercial or fair use.\r\n\r\nThe Complainant also states that the Respondent has failed to proof any legitimate interest on the disputed domain names and the Complainant shall be deemed to have satisfied the second element: WIPO Overview 3.0, section 2.1; Banque de Luxembourg, SA v. WhoisGuard Protected, WhoisGuard, Inc. \/ Antonio Diaz, WIPO Case No. D2019-0495.\r\n\r\n\r\n3. THE DISPUTED DOMAIN NAMES WERE REGISTERED AND ARE USED IN BAD FAITH\r\n\r\nThe Complainant indicates that the Respondent intentionally used a misspelled version of the Complainant’s trademarks in order to create a confusing similarity. \r\n\r\nThe Complainant asserts that the Respondent knew about the Complainant and its rights before the registration of the disputed domain names. Accordingly, the disputed domain names were registered and are being used in bad faith.\r\n\r\nThe Complainant alleges that the disputed domain names are being used by the Respondent to cheat the users and to make profit by deceiving the users by offering its fake services which demonstrates the bad faith of the Respondent.\r\n\r\nThe Complainant argues that the disputed domain names have been used in order to send communications impersonating the Complainant and to charge heavy amounts as the course fees. Accordingly, the Complainant alleges that the disputed domain names were registered and are being used in bad faith.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO 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 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 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": [ "Mrs Selma Ünlü" ], "date_of_panel_decision": "2022-01-05 00:00:00", "informal_english_translation": "The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the following:\r\n\r\n- the UK trademark INTERNATIONAL MARITIME ACADEMY (registration n°UK00003572889) dated December 29, 2020;\r\n- the Idoha\/US trademark INTERNATIONAL MARITIME ACADEMY (registration n°029321) dated January 25, 2021; and\r\n- the Moroccan trademark INTERNATIONAL MARITIME ACADEMY (registration n°230286) dated July 12, 2021.\r\n\r\nMoreover, the Complainant is also the owner of the domain name bearing the sign “INTERNATIONAL MARITIME ACADEMY” namely the domain name .\r\n\r\nThe Complainant has an important presence on all major social media platforms such as Linkedin, Instagram, Facebook and its trademark INTERNATIONAL MARITIME ACADEMY is widely popular among social media users.", "decision_domains": { "INTERNATIONALMARITIMESACADEMY.COM": "TRANSFERRED", "IMARITIMEACADEMY.ORG": "TRANSFERRED" }, "panelist": null, "panellists_text": null }