{
    "case_number": "CAC-UDRP-101057",
    "time_of_filling": "2015-09-22 12:47:16",
    "domain_names": [
        "SBKGP.COM"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "DORNA WSBK ORGANIZATION S.R.L."
    ],
    "complainant_representative": "desimone & partners",
    "respondent": [
        "Takashi Yamaguchi (bkt)"
    ],
    "respondent_representative": null,
    "factual_background": "Complainant states, and has provided evidence to support, that it is the owner of numerous trademark registrations worldwide for the mark SBK, which is used to identify the World Superbike Championship, a motorcycle-racing program that was created in 1988.  Complainant states that the World Superbike championship \"has had a major impact on the development and engineering of modern sport motorcycles\" and that \"\"[b]y the end of the 90s every main superbike manufacturer was deeply involved with SBK\" (citing Honda, Kawasaki, Yamaha, Suzuki, Ducati, Benelli and Aprilia).\r\n\r\nComplainant states that it sent, and has provided a copy of, \"a warning letter\" to Respondent but has not received a response thereto.\r\n\r\nComplainant states that Respondent lost a previous decision under the UDRP, Dr. Ing. h.c. F. Porsche AG v. Takashi Yamaguchi \/ Domain ID Shield Service CO., Limited, WIPO Case No. D2014-0071 (transfer of <porsche-spyder.com> and <918-spyder.com>).\r\n\r\nComplainant states that \"the disputed domain name is used as a tool to reach consumers interested in motorcycles and electronic games on motor races\". However, Complainant did not provide any evidence of a website associated with the disputed domain name, and the Panel could not locate such a website. Further, the warning letter that was sent by Complainant to Respondent did not include any evidence of such a website.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the disputed domain name.",
    "no_response_filed": "No administratively compliant Response has been filed.\r\n\r\nComplainant contends that the Disputed Domain Name is identical or confusingly similar to a mark in which Complainant has rights because Complainant has provided evidence of multiple trademark registrations owned by it that consist of or contain the letters \"SBK\" and because the letters \"GP\" \"can stand for GRAN PRIX descriptive per se in relation to motor events but it might be taken as the abbreviation of MOTOGP Worldwide famous motor event run by the Complainant as well\".\r\n\r\nComplainant contends that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, \"Respondent has no registered trademark rights in the word SBK and there is no evidence at all that the Respondent is commonly known by the disputed domain name\"; \"Respondent has not been licensed or otherwise authorized to use any of the Complainant’s trademarks or to apply for or use any domain name incorporating such trademarks\"; and \"[w]hen Internet users connect to the disputed domain names [sic] they might be directed to other sites showing quasi identical signs for identical or similar goods\".\r\n\r\nComplainant contends that the Disputed Domain Name has been registered and is being used in bad faith because, inter alia, \"when registering the disputed domain names [sic], the Respondent was necessary aware of the Complainant’s well-known business and widespread reputation in its SBK trademarks and this is proved by the fact that the disputed domain name is used as a tool to reach consumers interested in motorcycles and electronic games on motor races and thus to take advantage of the reputed trademark SBK especially amongst the youths\"; and Respondent did not reply to Complainant's warning letter.",
    "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": [
        "Douglas M. Isenberg"
    ],
    "date_of_panel_decision": "2015-10-29 00:00:00",
    "informal_english_translation": "Complainant states, and has provided evidence to support, that it is the owner of numerous trademark registrations worldwide for the mark SBK which predate registration of the disputed domain name (registered on 3 June 2015).",
    "decision_domains": {
        "SBKGP.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}