{
    "case_number": "CAC-UDRP-104287",
    "time_of_filling": "2022-03-22 10:08:34",
    "domain_names": [
        "proxxongmbh.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Proxxon GmbH"
    ],
    "complainant_representative": "Stephanie Hartung LL.M. (USA) (SCHIEDERMAIR)",
    "respondent": [
        "Ullan Zabin"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a company registered in Germany and is a subsidiary of  Proxxon S.A., Luxembourg. Proxxon S.A. has been producing high quality fine power tools for model makers, precision mechanics, mould makers, tool makers, opticians, goldsmiths, watch-makers, tools for PROXXON MICROMOT system for more than 40 years. The Complainant has since 1977, distributed the PROXXON MICROMOT system tools for Proxxon S.A. both in Germany and internationally.\r\n\r\nThe Complainant owns the company name “Proxxon GmbH” and, as a subsidiary of Proxxon S.A., has the right to use the trademark, PROXXON.\r\n\r\nThe Respondent registered the disputed domain name on 12 October 2021 using a privacy service. The disputed domain name does not resolve to any active content on the Internet. \r\n\r\nOn 3 December 2021, the MERIT-LINK Group, China, informed the Complainant that they had received an email dated 1  November 2021 from  <office@proxxongmbh.com>, purporting to be  sent by “Mr. Oskar Möller, Import, Director Manager” and including same address information of the Complainant in its email signature. The email claimed to be interested in price quotes by the MERIT-LINK Group and falsely claimed that the Complainant was interested in setting up a business relationship with the MERIT-LINK Group. On 4 November 2021, and on 10 November 2021, MERIT-LINK Group replied to the email of 1  November 2021 but received no answer. \r\n\r\nOn 21  December 2021, the Complainant sent  a cease-and-desist letter to the Respondent via the email address <office@proxxongmbh.com> but received no reply.",
    "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": "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 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, 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 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": [
        "Veronica  Bailey"
    ],
    "date_of_panel_decision": "2022-05-01 00:00:00",
    "informal_english_translation": "The Complainant owns the company name “Proxxon GmbH”.  Proxxon S.A. owns the following trademarks for PROXXON:\r\n\r\n•\tEUTM registered number 003396256, registered on 11 May 2005, in classes 7, 8 and 9.\r\n•\tEUTM registered number 011497831, registered on 13 June 2013, in class 10. \r\n\r\nThe Complainant as a 100% subsidiary and commission agent of Proxxon S.A. is entitled to use  the PROXXON trademark.",
    "decision_domains": {
        "PROXXONGMBH.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}