{
    "case_number": "CAC-UDRP-101024",
    "time_of_filling": "2015-07-23 11:31:23",
    "domain_names": [
        "hlag-uk.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Hapag-Lloyd "
    ],
    "complainant_representative": "TLT LLP",
    "respondent": [
        "Perfect Privacy LLC"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nAccording to the information provided Complainant is a subsidiary of Hapag-Lloyd AG. Hapag-Lloyd AG is based in Hamburg and has origins dating back to 1847. \r\n\r\nHapag-Lloyd AG and its subsidiaries are a leading global liner shipping company which operates from 300 locations in 114 different countries, worldwide.\r\n \r\nThe disputed domain name <hlag-uk.com> was registered on 11 July, 2015. \r\n\r\nAccording to the information provided by Complainant the disputed domain name was being used for fraudulent purposes. Respondent purposefully used Hapag-Lloyd's Mark fraudulently to impersonate a director of Hapag-Lloyd and to create the impression that the disputed domain name was owned by or at least associated with Hapag-Lloyd. Matthew Gillbanks (Mr Gillbanks) is a Director of Hapag-Lloyd and his email address is matt.gillbanks@hlag.com. Respondent uses the email address matt.gillbanks@hlag-uk.com (the Infringing Address) in order to trick third parties into thinking that Respondent is in fact Mr Gillbanks. Respondent has used the Infringing Address to contact another employee of Hapag-Lloyd in Malaysia, pretending to be Mr Gillbanks and ostensibly enquiring about a travel agency to use to book flights and hotels for a trip to Malaysia. We understand that the same email was also sent to other Hapag-Lloyd offices enquiring about the same thing. It is clearly Respondent's intention to attempt to book air travel and accommodation fraudulently under Mr Gillbanks's name. \r\n\r\nRespondent has gone to great lengths to convince Hapag-Lloyd employees that it is Mr Gillbanks. For example, Respondent uses an email signature stating Mr Gillbanks's name and role as Director in the Customer Service team together with an address which corresponds to Hapag-Lloyd's office in Liverpool, England. It is clear from the content of Respondent's email that Respondent also intends to try to convince third parties that it is Mr Gillbanks and Respondent may have already tried to do so. \r\n\r\nComplainant submits that Respondent has no legitimate interest in the disputed domain name as the Infringing Address is being used to defraud third parties. \r\n\r\nAccording to Complainant the disputed domain name was registered and is being used  in bad faith as the sole purpose was and is to impersonate Mr Gillbanks for fraudulent purposes and to induce third parties and Hapag-Lloyd employees to believe that the disputed domain name and the Infringing Address are owned by or associated with a reputable company i.e. Hapag-Lloyd. ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.\r\n",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "rights": "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": "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": "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\nAt the time of the commencement of this proceeding, the owner of the record of the disputed domain name was Perfect Privacy LLC. Once notified of the Complaint, Registrar disclosed another owner for the disputed domain name Thaddaeus Smith.  Complainant preferred not to change the Respondent’s name in the Complaint based on the arguments of CAC decision No. 100221. Accordingly, the Panel finds the CAC followed the correct procedure in accordance with the Policy and the Rules and accepts the request of Complainant that the Complaint proceeds against Perfect Privacy LLC.",
    "decision": "Accepted",
    "panelists": [
        "Dinant T.L. Oosterbaan"
    ],
    "date_of_panel_decision": "2015-09-02 00:00:00",
    "informal_english_translation": "According to the information provided, Complainant is a subsidiary of Hapag-Lloyd AG. \r\n\r\nThe parent company of Complainant owns Community Trademark HLAG with  registration number 008884769, filed on 25 February 2002 and registered on 2 July 2003.  Complainant is wholly owned by Hapag-Lloyd AG and is authorised to use and rely upon all trade marks registered to Hapag-Lloyd AG. \r\n",
    "decision_domains": {
        "HLAG-UK.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}