{ "case_number": "CAC-UDRP-101001", "time_of_filling": "2015-06-09 15:16:55", "domain_names": [ "RIBOSE.club" ], "case_administrator": "Lada Válková (Case admin)", "complainant": [ "Ribose Inc." ], "complainant_representative": "Muscovitch Law P.C.", "respondent": [ "Wang Liqun" ], "respondent_representative": null, "factual_background": "The Complainant is a corporation incorporated pursuant to the laws of the Territory of the British Virgin Islands in 2008, and has its principal office in Hong Kong, People’s Republic of China.\r\n\r\nThe Complainant has developed and operated a cloud-based collaboration platform called RIBOSE, which enables users to securely work together on projects and plan events, by allowing them to communicate and share files via an online portal available at www.ribose.com. The Complainant is also the owner of over 150 domain names consisting of the term RIBOSE. The Complainant's RIBOSE platform is licensed to nearly 4,000 registered users and, to date, there have been nearly 10,000 work groups established on RIBOSE. The Complainant has provided evidence of numerous press releases about its brand and services, including within China.\r\n\r\nThe disputed domain name, (the “Domain Name”), was registered on 7 May 2015 by the Respondent. The Domain Name is not resolving, although it appeared listed for sale on the Sedo platform for 8,000 USD.\r\n\r\nThe Respondent was involved in another domain name dispute concerning the Complainant’s RIBOSE trade mark, namely , before the China International Economic and Trade Arbitration Commission's Domain Name Dispute Resolution Centre (the domain name was registered using the same email address the Respondent used to register the Domain Name). The decision ordering the transfer of the domain name to the Complainant is dated 9 May 2014 (CIETAC Case No. CND-2014000013). \r\n\r\nThe Respondent was also the respondent in several other domain name dispute proceedings in relation to third party trade marks and is also currently the registrant of a number of domain names infringing third party brands, including but not limited to , , , , , , , and .\r\n\r\n \r\n", "other_legal_proceedings": "The Panel is not aware of other legal proceedings which are pending or decided and which relate to the Domain Name.", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant asserts that the Domain Name is confusingly similar to its RIBOSE trade mark. The Complainant points out that its RIBOSE trade mark is incorporated in its entirety in the Domain Name and that the \".club\" new generic Top Level Domain (gTLD) is irrelevant when assessing whether a domain name is confusingly similar to a trade mark. \r\n\r\nNo Rights or Legitimate Interests\r\n\r\nThe Complainant asserts that the Respondent has no rights or legitimate interest in the Domain Name. The Complainant points out that the Respondent has not been commonly known as RIBOSE or by the Domain Name, and has not been authorized or licensed to use the Complainant’s trade mark in the Domain Name. In addition, the Complainant asserts that the Respondent has not used the Domain Name in connection with a bona fide offering of goods or services, and nor has he made a legitimate non-commercial or fair use of the Domain Name. Thus, the Complainant submits that the Respondent lacks rights or legitimate interests in that the Domain Name.\r\n\r\nThe Complainant also argues that the fact that the term “ribose” corresponds to an organic compound does not confer on the Respondent a legitimate interest in the Domain Name, particularly in light of the fact that the Respondent is a serial cybersquatter, and has previously cybersquatted a domain name reproducing the Complainant's trade mark, namely .\r\n\r\nBad Faith Registration and Use\r\n\r\nThe Complainant asserts that bad faith registration and use can be inferred from the Respondent's lack of rights or legitimate interest in the Domain Name. \r\n\r\nFurthermore, the Complainant asserts that the Respondent registered the Domain name in full knowledge of its trade mark rights, as evidenced most notably by the fact that the Respondent was previously involved in another domain name dispute involving the Complainant's RIBOSE trade mark, and that there can be no genuine question that the Respondent purposefully targeted the Complainant and its trademarks in the present case. \r\n\r\nThe Complainant further argues that the Respondent most likely registered the Domain Name in an attempt to extort money from the Complainant. Alternatively, the Complainant argues that the Respondent registered the Domain Name to sell it to a third party in an amount in excess of his out-of-pocket expenses, as the Domain Name was listed for sale on the Sedo platform for 8,000.00 USD. The Complainant thus argues that the Respondent's offer to sell constitutes quintessential bad faith registration and use, in accordance with paragraph 4(b)(i) of the Policy. \r\n\r\nThe Complainant further asserts that the fact that the Respondent has never used the Domain Name in any bona fide fashion is further evidence of bad faith registration and use of the Domain Name. The Complainant also states that the Respondent is passively holding the Domain Name and that the absence of any demonstrable plans to use the Domain Name in a bona fide fashion, together with the absence of evidence of any actual use of the Domain Name for a bona fide purpose, is evidence of the Respondent’s bad faith.\r\n\r\nFinally, the Complainant states that given the evidence that the Respondent is a “serial cybersquatter”, the Respondent is engaging in a systematic pattern of abusive registrations which further demonstrates that the Respondent registered and used the Domain Name in bad faith.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a response to the Complaint.\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": [ "David Taylor" ], "date_of_panel_decision": "2015-07-24 00:00:00", "informal_english_translation": "The Complainant is the owner of 17 trademark registrations in the term RIBOSE in connection with, inter alia, computer software and services, in over 10 jurisdictions across the world, including Australia, Canada, China, the European Union, Japan, Hong Kong, Korea, Macau, Russia, Taiwan, United Kingdom and the United States. The Complainant has provided evidence of such trade mark registrations, which include but are not limited to:\r\n− Australian Trade mark No. 1399639, registered on 29 July 2011 (classes 9, 38, 42);\r\n− Canadian Trade mark No. 887549, registered on 7 October 2014;\r\n− Chinese Trade mark No. 8740411, registered 28 October 2011 (class 38);\r\n− Chinese Trade mark No. 8740412, registered on 7 December 2011 (class 42),\r\n− Chinese Trade mark No. 8740413, registered on 21 October 2011 (class 9);\r\n− Community Trade mark No. 9425653, registered on 18 March 2011 (classes 9, 38, 42);\r\n− Hong Kong Trade mark No. 301701512, registered on 30 August 2010 (classes 9, 38, 42);\r\n− Hong Kong Trade mark No. 301832418, registered on 14 February 2011 (classes 9, 38, 42, 45);\r\n− Taiwanese Trade mark No. 01607705, registered on 1 November 2013 (classes 9, 38, 42);\r\n− United States Trade mark No. 4743808, registered on 26 May 2015 (classes 38, 42).\r\n", "decision_domains": { "RIBOSE.CLUB": "TRANSFERRED" }, "panelist": null, "panellists_text": null }