{ "case_number": "CAC-UDRP-104314", "time_of_filling": "2022-02-15 09:02:10", "domain_names": [ "golaireland.com ", "golaportugal.com ", "golaespana.com ", "golaaustralia.com ", "golacolombia.com " ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "D. Jacobson & Sons Limited" ], "complainant_representative": "TLT LLP", "respondent": [ "Web Commerce Communications Limited " ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a UK based designer, importer, seller and exporter of ladies', men's and children's footwear. In particular, the Complainant owns the internationally famous \"GOLA\" brand, which it has very successfully applied (amongst other things) to its range of footwear and bag designs. The Complainant's footwear and bag products are sold throughout the world, including through its various websites registered under domain names such as and (the Gola Domains). Customers in the UK, EU and US are able to purchase the Complainant's products through the Gola Domains.\r\n\r\nThe Complainant owns various trademark registrations pertaining to the \"GOLA\" brand, including the GOLA word mark, registered 117 years ago in the United Kingdom.\r\n\r\nThe disputed domain names were all registered in August 2021. None of the disputed domain names are in any way connected with or authorized by the Complainant.\r\n\r\nThe disputed domain names were registered by the same registrar. Of the five disputed domain names, three are websites which are accessible from the UK. The content of those websites all mirror each other either exactly or very similarly.\r\n\r\nAlso, the differences in the disputed domain names from the genuine Gola website are replicated in the accessible disputed domain names.\r\n\r\nThe disputed domain names make use of a mark which is identical or highly similar to the Complainant’s Trade Marks without its authorisation or permission. The use of the above Trade Marks in the disputed domain names implies that there is a commercial relationship between the Complainant and the disputed domain names when there is none. This infringes the Complainant’s rights in the Trade Marks.\r\n\r\nThe accessible disputed domain names have been set up by the Respondent to mirror the Complainant’s websites, through use of domains which include the Complainant’s Trade Marks, content from its website and prominently features the Trade Marks at the top of all pages of the (accessible) websites and in the product, advertising appearing on the website homepages and other pages throughout the websites.\r\n\r\nThe registration and use of the disputed domain names by the Respondent and the use of the Trade Marks within (at least) the UK are likely to mislead relevant members of the public who are attempting to purchase products through the disputed domain names into believing that they are doing so from the Complainant’s genuine website or from a website that is in some way connected to or associated with the Complainant,\r\n\r\nIt is unlikely that at the time of registration, the Respondent did not know of the similarity between the disputed domain names and the Gola Domains and Trade Marks as the accessible disputed domain names are materially identical to the Trade Marks and the Gola Domains.\r\n\r\nThe Respondent purposefully used the Trade Marks fraudulently to deceive the public into a mistaken belief that the disputed domain names are owned by the Complainant, or are at least associated or connected with the Complainant.\r\n\r\nComplainant has nothing to do with the disputed domain names or the Respondent. The Respondent has no legitimate interest in the Infringing Domains as they are most likely being used to defraud third parties.\r\n\r\nThe disputed domain names were registered in bad faith as the sole purpose for their registration was and is to impersonate the Complainant for fraudulent purposes. The Respondent’s impersonation of the Complainant is designed to deceive third parties into believing that the disputed domain names are owned by the Complainant and are offering legitimate products, when in fact the Respondent is instead defrauding consumers.", "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 COMPLAINT 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 the trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy) mentioned hereabove under 'Identification of rights'.", "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": [ "Mr. E.J.V.T. van den Broek" ], "date_of_panel_decision": "2022-03-11 00:00:00", "informal_english_translation": "The Complainant is the owner of the following registered trademarks (among others):\r\n\r\nUnited Kingdom registered trademarks:\r\n\r\n- GOLA, word mark, registered on May 22, 1905 under number 272980, for goods and services in Class 25;\r\n\r\n- GOLA, word mark, registered on June 14, 1978 under number 1097140, for goods and services in Class 18;\r\n\r\n- Wing Flash Logo, registered on November 25, 1975, under number 1055606, for goods and services in Class 25.\r\n\r\n\r\nEuropean Union registered trademarks:\r\n\r\n- GOLA, word mark, registered on March 22, 2002 under number 1909936, for goods and services in Nice classes 18, 25 and 28;\r\n\r\n- GOLA, word mark, registered on April 17, 2008 under number 003399681, for goods and services Nice classes 5, 10, 12, 35;\r\n\r\n- GOLA, figurative mark registered on July 4, 2013 under number 011567625 for goods and services Nice classes 18, 25, 35.", "decision_domains": { "GOLAIRELAND.COM ": "TRANSFERRED", "GOLAPORTUGAL.COM ": "TRANSFERRED", "GOLAESPANA.COM ": "TRANSFERRED", "GOLAAUSTRALIA.COM ": "TRANSFERRED", "GOLACOLOMBIA.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }