{
    "case_number": "CAC-UDRP-104369",
    "time_of_filling": "2022-02-22 09:48:04",
    "domain_names": [
        "NOVATEXITALIA.INFO"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Novatex Italia S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Barryj ltd"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a company based in Italy which manufactures net wraps for use in crop baling farming equipment and sells them into local and international markets. The Complainant’s brand is NOVATEX and, in addition to its trade marks for NOVATEX, it owns and operates many domain names which include its mark, including <novatexitalia.it>, <novatexitalia.kr> and <novatexitalia.tw>. \r\n\r\nThe disputed domain name was registered on February 15, 2022. It does not resolve to an active website. However, the disputed domain name has been used to send a phishing e-mail to a customer of the Complainant using e-mail addresses which are very similar to e-mail addresses of two of the Complainant’s employees. \r\n\r\nThe disputed domain name is confusingly similar to a trade mark in which the Complainant has rights in that it reproduces the Complainant’s NOVATEX mark and adds the word “italia”.\r\n\r\nThe Respondent has no rights or legitimate interests in respect of the disputed domain name.  The Respondent correspond to the name of the Respondent nor is it commonly known by the disputed domain name. Moreover, the Respondent is not making a fair or non-commercial use of the disputed domain name nor using it in connection with a bona fide offering of goods and services.\r\n\r\nThe Respondent has registered and is using the disputed domain name in bad faith. The fact that the disputed domain name is confusingly similar to the Complainant’s well-known mark suggests that the Respondent was, as at the date of registration, aware of the Complainant’s mark and its registration in these circumstances is in bad faith. The fact that the disputed domain name does not resolve to an active website does not prevent a finding of bad faith use under the doctrine of passive holding. The Respondent most likely registered the disputed domain name for the purpose of phishing, as evidenced by the fact that one of the Complainant’s customers has received a phishing e-mail from the address of the disputed domain name. Use of the disputed domain name for fraudulent purposes clearly establishes bad faith use.  ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and 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 disputed 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 disputed 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 disputed 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": [
        "Antony Gold"
    ],
    "date_of_panel_decision": "2022-03-29 00:00:00",
    "informal_english_translation": "The Complainant is the owner of a number of trade marks for NOVATEX including, by way of example, European Trade Mark, registration number 18015877, in classes, 16, 17 and 22, registered on June 12, 2019.",
    "decision_domains": {
        "NOVATEXITALIA.INFO": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}