{
    "case_number": "CAC-UDRP-100589",
    "time_of_filling": "2013-04-17 15:16:46",
    "domain_names": [
        "METAXASWINEESTATE.COM"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "REMY COINTREAU LUXEMBOURG S.A."
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Sun Nagoya"
    ],
    "respondent_representative": null,
    "factual_background": "The disputed domain name incorporates the trademark \"METAXA\" in its entirely (simply adding the letter -s), together with generic terms (WINE and ESTATE).  Therefore, the Complainant contends that the disputed domain name is confusingly similar to its older registered trademarks.\r\nRespondent has no rights or legitimate interests in the word \"METAXA\"; furthermore the Respondent is not related in any way to the Complainant.  In particular the Complainant does not carry out any activity for, nor has any business with, the Respondent.  Neither licences nor authorizations have ever been granted by the Complainant to the Respondent for the use and\/or the registration of domain names including the word \"METAXA\".  Therefore the Complainant contends that the Respondent has no rights or legitimate interests in respect of the domain name in dispute.\r\nThe Respondent registered the disputed domain name on March 1, 2013; therefore the rights of the Complainant in the word METAXA are older with respect to the registration date of the domain name <metaxaswineestate.com>.\r\n\"METAXA\" represents the first and dominant element of the disputed domain name; furthermore such a word corresponds to a trademark widely-known and recognizable as it has been used in connection with alcoholic products marketed in many countries for many years; in addition it must be considered that the website corresponding to the disputed domain name has been used only for displaying commercial links.  Therefore, Complainant contends that the Respondent registered the disputed domain name for the only purpose of disrupting the business of the Complainant and in order to prevent the Complainant from reflecting its trademark in a corresponding domain name.\r\nWIPO's decisions in the following complaint proceedings support the case:     \r\n- Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003; \r\n- CBS Broadcasting, Inc. v. Dennis Toeppen, WIPO Case No. D2000-0400.",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings which relate 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).",
    "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.",
    "decision": "Accepted",
    "panelists": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2013-05-29 00:00:00",
    "informal_english_translation": "The Complainant registered, inter alia,  the domain names <metaxa.asia>, <metaxa.org>, <metaxa.info>, <metaxa.fr>, <metaxa.es>, <metaxa.com.au>, <metaxa.co.in>, <metaxa.ca>, <metaxa.at>, <metaxa.us>.\r\nFurthermore, the Complainant owns, inter alia, the following trademark registrations:\r\n- International Registration no. 783527 \"METAXA & design\" in class 33 - registered on May 6, 2002 (duly renewed);\r\n- International Registration no. 994886 \"METAXA & design\" in class 33 - registered on February 12, 2009;\r\n- International Registration no. 466654 \"METAXA\" in classes 32 and 33 - registered on February 18, 1982 (duly renewed);\r\n- International Registration no. 998435 \"METAXA & design\" in class 33 - registered on February 12, 2009; \r\n- Chinese Registration no. 707408 \"METAXA & Chinese characters\" in class 33 - registered on September 28, 1994 (duly renewed);\r\n- International Registration no. 958278 \"METAXA & design\" in classes 16, 25 and 33 - registered on February 21, 2008.  ",
    "decision_domains": {
        "METAXASWINEESTATE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}