{
    "case_number": "CAC-UDRP-104398",
    "time_of_filling": "2022-03-07 09:10:02",
    "domain_names": [
        "golamalaysia.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "D. Jacobson & Sons Limited "
    ],
    "complainant_representative": "TLT LLP",
    "respondent": [
        "Leon Bauer"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT.\r\n\r\nThese facts are set out under the contentions of the parties",
    "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\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\nThe Complainant is the registered owner of several trademarks for GOLA and therefore has standing to bring this Complaint. Included among the trademarks are the following:\r\n\r\n(a) The United Kingdom trademark for GOLA, registered on June 14, 1978; and\r\n(b) The European Union trademark for GOLA, registered on October 4, 2000;\r\n(collectively “the GOLA trademark”).\r\n\r\nThe Respondent registered the disputed domain name on August 11, 2021.\r\n\r\nThe disputed domain name is confusingly similar to the GOLA trademarks, as it contains the whole of the trademark and the word \"malaysia\" as a result of which the domain name would be interpreted as invoking the activities of the Complainant in Malaysia.\r\n\r\nThe Respondent has no rights or legitimate interests in the disputed domain name. That is because the Respondent is not using the domain name for a bona fide purpose but for selling goods under the GOLA brand without the permission of the Complainant, which the Respondent has no right to do and collecting information on potential customers which may lead to perpetrating a fraud on them.\r\n\r\nThe disputed domain name was registered and is used in bad faith. That is so because the Respondent has been passing itself off as the Complainant, selling goods illegally branded as GOLA and collecting information on customers which may well be used to perpetrate a fraud on them.\r\n\r\nAccordingly, the Panel should order that the disputed domain name be transferred to the Complainant.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not file a Response in this proceeding.",
    "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": [
        "The Hon. Neil Brown, QC"
    ],
    "date_of_panel_decision": "2022-04-01 00:00:00",
    "informal_english_translation": "The Complainant has established by evidence which the Panel accepts, that the Complainant is the registered owner of a series of trademarks for GOLA, including the following:\r\n\r\n(a)\tThe United Kingdom trademark for GOLA, registered on June 14, 1978; and\r\n(b)\tThe European Union trademark for GOLA, registered on October 4, 2000;\r\n(collectively “the GOLA trademark”).",
    "decision_domains": {
        "GOLAMALAYSIA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}