{
    "case_number": "CAC-UDRP-100716",
    "time_of_filling": "2013-12-02 13:57:38",
    "domain_names": [
        "meissenerporzellan.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Staatliche Porzellan-Manufaktur Meissen GmbH"
    ],
    "complainant_representative": "Lubberger Lehment ",
    "respondent": [
        "GoldDay Corporation X Rick Sorentos"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nSince 1710 the Complainant produces the world-famous Meissen Porcelain. The products of the Complainant enjoy an outstanding reputation worldwide - not least because of their exclusively hand-painted decoration and innovative visual design. Moreover, since the mid-18th century the Complainant produces jewellery. \r\n\r\nIn the process of its regular market monitoring activities the Complainant became aware of the disputed domain name, which was originally registered by Mr Dariusz Herman on December 26th, 2006. Mr. Herman used the domain for the placement of advertising links relating to web sites where porcelain products were offered as well as for links leading to websites relating to porcelain products (“Related Searches”). The website also contained the link \"Buy This Domain\".  Accordingly, the domain was offered for sale on the domain parking platform sedo.de.\r\n\r\nBy letter dated August 14th, 2013 the Complainant claimed the violation of its trade mark rights to the name \"Meissener Porzellan\" and asked Mr Herman to sign a Cease and Desist Declaration. As Mr Herman did not respond to this and also not to additional letters of the Complainant, the Complainant requested a preliminary injunction at the Regional Court of Berlin on October 10th, 2013. By order dated October 11th, 2013 the court issued the injunction, which prohibited Mr. Herman to use, or to permit third parties to use, the disputed domain name within the European Union for the promotion and\/or distribution of goods or the provision of services. The court order was served to Mr Herman on October 16th, 2013. On exact the same day Mr Herman transferred the domain name to the Respondent \r\n\r\nIn a letter dated November 4th, 2013 the Complainant informed the Respondent about the injunctive order of the Berlin Regional Court and asked the Respondent to transfer the domain to the Complainant by November 13th, 2013. The Respondent did not respond to this letter. \r\n\r\nThe URLs http:\/\/meissenerporzellan.com\/ and\/or http:\/\/www.meissenerporzellan.com\/ do not resolve to an active website.",
    "other_legal_proceedings": "On 11 October 2013 the Regional Court of Berlin had issued a preliminary injunction concerning the disputed domain name against its previous owner, Mr Dariusz Herman.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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": [
        "Dr. Thomas Schafft"
    ],
    "date_of_panel_decision": "2014-01-16 00:00:00",
    "informal_english_translation": "The Complainant holds the following trademarks:\r\n\r\na)\tGerman trademark registration no. 2025676 „Meissener Porzellan“ with priority date 23.10.1991, claiming protection in classes 11, 14, 15, 16, 20, 21, 28 and 34 for the following goods and services: Porcelain products, namely board, coffee, tea-and mocha service, liquor and smoke service, household items, candy service, confectionery leaves and shells, place settings, with the exception of cutlery, toilet sets, writing sets, ashtrays, decorative porcelain, namely, lamp vases, lamp bases, vases, boxes , wall plates, dessert bowls, baskets, leaves brooch, ring stones, art porcelain, namely, figurines, candlesticks, watch case, mirror frames, chess sets, Lithoponien, wall and table tops, bells and chimes, coins and plaques.\r\n\r\nb)\tCommunity trademark registration no. 3743689 “Meissener Porzellan” with priority date 01.04.2004, claiming protection in classes 11, 14 and 21 for the following goods and services: Goods of porcelain, namely toilet fittings, lamp vases and lamp pedestals; clock cases; brooch leaves; ring stones; coins; badges; Household or kitchen utensils and containers not of precious metal or coated therewith; goods of porcelain, terracotta and glass, in particular table, coffee, tea, mocha, liqueur and confectionery services; artificial porcelain, in particular vases, boxes, wall plates, dessert bowls, baskets, figurines, candlesticks.",
    "decision_domains": {
        "MEISSENERPORZELLAN.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}