{
    "case_number": "CAC-UDRP-104315",
    "time_of_filling": "2022-02-14 08:58:04",
    "domain_names": [
        "thumpstar.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Hornet Industries Pty Ltd"
    ],
    "complainant_representative": "Dr. Daniel Dimov (Dimov Internet Law Consulting)",
    "respondent": [
        "Rastislav Brodsky"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a manufacturer of motorcycles located in Australia, which offers its products online at www.thumpstar.com.au. The Complainant states that it purchased all registered and unregistered trademarks “Thumpstar” in 2012 from their previous owner and alleges that the trademark \"Thumbstar\" has been used since at least February 5, 2005.\r\n\r\nThe disputed domain name was first registered on November 20, 2004, and has been acquired by the Respondent, a former dealer of the Complainant, between December 11, 2007 and February 11, 2008. The disputed domain name is used in connection with a website, which includes a link to the website available at http:\/\/omicronmotors.com\/ which contains information about motorbikes and other products which are similar to the products sold by the Complainant.",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that the disputed domain name is identical to the THUMPSTAR Mark as the disputed domain name includes it in its entirety and as the gTLD \".com\" is to be disregarded.\r\n\r\nThe Complainant also states that the Respondent does not have any rights or legitimate interest with regard to the disputed domain name. The Complainant argues that the Respondent did not use the disputed domain name in connection with a bona fide offering of goods or services, that the Respondent is not commonly known by the disputed domain name, and that he is not making a legitimate noncommercial 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.\r\n\r\nWith regard to bad faith, the Complainant states that the disputed domain name was registered and is being used in bad faith. With regard to bad faith registration, it argues that the Respondent is a former dealer of the Complainant and was certainly aware of the Complainant's unregistered trademark rights when acquiring the disputed domain name. With regard to bad faith use, the Complainant contends that the disputed domain name is used in connection with a website advertising competing products, that the Respondent acquired the disputed domain name without the permission of the Complainant, and that the Respondent registered the disputed domain name to prevent the Complainant from registering it and to disrupt the Complainant's business.\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 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 not shown that 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": "Rejected",
    "panelists": [
        "Peter Müller"
    ],
    "date_of_panel_decision": "2022-04-01 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the U.S. trademark registration no. 4,742,076 \"Thumpstar\", registered on May 26, 2015. The trademark registration covers goods in class 12 and claims first use in commerce in the U.S. on June 1, 2010 (hereinafter referred to as the \"THUMPSTAR Mark\"). Furthermore, the previous owner of the Complainant's business had registered trademark rights in \"Thumpstar\" in New Zealand, which has been registered on May 17, 2005 but revoked in 2011 due to non-use during a continuous period of 3 years or more under section 66(1)(a) of the Trade Marks Act of New Zealand. In addition, the Complainant claims unregistered trademark rights in the trademark “Thumpstar”, which according to the Complainant's allegations, was used in commerce since at least February 5, 2005.",
    "decision_domains": {
        "THUMPSTAR.COM": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}