{
    "case_number": "CAC-UDRP-100311",
    "time_of_filling": "2011-08-31 10:13:41",
    "domain_names": [
        "UKECCOSHOES.NET"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "ECCO SKO A\/S"
    ],
    "complainant_representative": null,
    "respondent": [
        "fuqingmaoyi"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe disputed domain name contains Complainant's trademark ECCO in full, together with some generic terms, which meaning is related to Complainant's business. Therefore, the disputed domain name is confusingly similar to Complainant's trademark (Policy, Par. 4 (a)(1)).\r\n\r\nRespondent has no rights in the trademark ECCO and is not a reseller\/licensee of Complainant, use of the trademark ECCO by Respondent has never been authorized by Complainant, and Respondent is using his website to promote the sale of third parties goods as well as goods, which are very likely counterfeit. Accordingly, Respondent has no rights or legitimate interests in respect of the domain name (policy, Par. 4 (a)(11)).\r\n\r\nECCO constitute the dominant element of the disputed domain name. Complainant’s logo and pictures taken from Complainant's website and catalogue are used by the Respondent, who is attempting to divert Internet users to his domain name by creating a likelihood of confusion. Respondent is exploiting the goodwill attached to Complainant's trademarks for selling goods which are very likely counterfeit. For all these reasons, Complainant finds that the disputed domain name was registered and is used in bad faith (Policy, Par. 4(a)(iii)).\r\n\r\nThe disputed domain name is almost identical to ECCOSHOESUK.NET, which registration and use was found abusive (CAC decision no. 100278). Furthermore, ECCOSHOESUK.NET is now forwarding to the disputed domain name. It is Complainant’s opinion that this constitutes a gross breach of the UDRP. Furthermore, it must be assumed that the two domain names have the same registrant.\r\n\r\nIn all the aforementioned circumstances, Complainant finds that the disputed domain name has been registered and is used in bad faith. CAC’s and WIPO’s decisions in the following complaint proceedings support the case:\r\n\r\nCAC no. 100278, eccoshoesuk.net \r\nCAC no. 100259, eccoshoesshop.com\r\nWIPO no. D2010-2038, eccodiscount.com \r\nWIPO no. D2010-1443, eccobrandshop.com, ecooshop.com\r\nWIPO no. D2010-1113, 51ecco.com\r\nWIPO no. D2010-0650, eccoshoesoutlet.com, eccoshoesoutlets.com, eccoshoesoutlets.net \r\n\r\nLanguage\r\nIt has not been possible to contact the Registrar in order to obtain information on the language of the Registration Agreement. In any case, Complainant respectfully requests that the language of these proceedings be English. \r\n\r\nBoth the disputed domain name and the web site to which the domain name resolves are in English. Moreover, Respondent’s e-mail addresses are also in English. \r\n\r\nFor all these reasons it must be assumed that Respondent is proficient in English. \r\n\r\nCAC decisions in the cases no. 100278 eccoshoesuk.net and no. 100259 eccoshoesshop.com, and WIPO’s decision in the case D2010-1443, eccobrandshop.com, ecooshop.com (http:\/\/www.wipo.int\/amc\/en\/domains\/search\/text.jsp?case=D2010-1443) support the case.",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided decision relating to the disputed domain name",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the 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).\r\n\r\n",
    "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 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 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.\r\n\r\nThe only procedural issue that the Panel has been faced with is the language of the proceedings. The Complaint was filed in English but the registrar has stated that the language of the registration agreement is Chinese. When the Complainant first filed its complaint, the Complainant was unaware of the real name of the registrant as the Domain Name had been registered through a proxy holder. It is only when the Registrar replied to the request for Registrar verification that the Complainant became aware of the real identity of the Domain Name registrant.  \r\n\r\nThe Complainant stated that \"It has not been possible to contact the Registrar in order to obtain information on the language of the Registration Agreement. In any case, Complainant respectfully requests that the language of these proceedings be English. \r\nBoth the disputed domain name and the web site to which the domain name resolves are in English. Moreover, Respondent’s e-mail addresses are also in English. For all these reasons it must be assumed that Respondent is proficient in English\". The Complainant cited a number of decisions that support the case, namely CAC decisions in the cases No. 100278 eccoshoesuk.net and No. 100259 eccoshoesshop.com, and WIPO’s decision in the case D2010-1443, eccobrandshop.com, ecooshop.com.\r\n\r\n Pursuant to Paragraph 11(a) of the Rules, the Panel exercises its authority , \"having regard to the circumstances of the administrative proceeding,\" to allow these proceedings to occur in English. In this regard, the Panel notes that the Complainant has stated that \"[b]oth the disputed domain name and the web site to which the domain name resolves are in English\". The Complainant has enclosed pages of the website accessible through the Domain Name clearly showing that the language of the website is English. \r\n\r\nAccordingly the Panel concludes that the it is not foreseeable that the Respondent will be prejudiced, should English be adopted as the language of the proceedings. \r\n\r\nFor all the reasons mentioned above, the Panel determines under paragraph 11(a) that English shall be the language of the proceedings (for a similar decision see WIPO Cases Nos. D2009-1572-1573-1584-1586-1620-1623-1624-1635-1639-1640-1658 -Farouk Systems, Inc. vs. several respondents).\r\n",
    "decision": "Accepted",
    "panelists": [
        "Angelica Lodigiani"
    ],
    "date_of_panel_decision": "2011-10-09 00:00:00",
    "informal_english_translation": "The Complainant has shown that it ows registrations over the ECCO trademark in many countries worldwide in connection with, inter alia, footwear. Among the cited trademarks are Chinese Trademark Reg. Nos. 208743, Community Trademarks Reg. Nos. 001149871 and 004568168; US Trademark Reg. Nos. 1935123 and 3187658; Canadian Trademark Reg. No. 280654; Australian Trademark reg. No. 375267A",
    "decision_domains": {
        "UKECCOSHOES.NET": "TRANSFERRED"
    }
}