{
    "case_number": "CAC-UDRP-104611",
    "time_of_filling": "2022-05-30 09:56:53",
    "domain_names": [
        "sexlovehoney.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Lovehoney Group Limited"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Julisof JuliBup"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a company founded in 2002, with its headquarters in Bath, United Kingdom. It is a manufacturer, distributor and retailer of sex toys, lingerie and erotic gifts and sells its products into 46 countries, located in Europe, North America and Australasia. The Complainant trades as LOVEHONEY and, in addition to its trade marks for LOVEHONEY, it owns domain names which comprise this term, including <lovehoney.com>, <lovehoney.co.uk> and <lovehoney.eu>. \r\n\r\nThe disputed domain name was registered on January 19, 2022. It has previously resolved to differing websites including a website purportedly selling sex toys and a partially completed website relating to fashion items and containing lorem ipsum text. It does not presently resolve to an active website. \r\n\r\nThe disputed domain name is confusingly similar to a trade mark in which the Complainant has rights. It contains the Complainant’s LOVEHONEY trade mark in its entirety, preceded by the word “sex”. This additional word is referrable to the Complainant’s products and, in these circumstances, does not prevent a finding of confusing similarity.\r\n\r\nThe Respondent has no rights or legitimate interests in respect of the disputed domain name. The disputed domain name has previously resolved a number of different websites including a website offering sex toys for sale and another website comprising a “coming soon” webpage. None of these uses comprise a bona fide offering of goods and services nor a legitimate, noncommercial or fair use of the disputed domain name. The Complainant has not granted any licence or right to the Respondent to use its LOVEHONEY trade mark, nor is the Respondent affiliated to the Complainant in any way, nor is there any evidence to suggest that the Respondent is known by the disputed domain name. \r\n\r\nThe Respondent has registered and is using the disputed domain name in bad faith. A simple online search would have revealed the Complainant’s use of LOVEHONEY. In view of the repute of its mark, it is inconceivable that the Respondent was unaware of the Complainant as at the date of its registration of the disputed domain name and it is very likely that it was registered by the Respondent in order to take advantage of the repute of the Complainant’s mark. In particular, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship or endorsement of its website. Furthermore, use of the disputed domain name to resolve to a website which offered for sale goods which compete with those of the Complainant comprises bad faith use. Finally, use by the Respondent of a privacy shield to hide its identity is, in the circumstances of this Complaint, a further indicator of bad faith. ",
    "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": "2022-07-07 00:00:00",
    "informal_english_translation": "The Complainant is the owner of a number of trade marks for LOVEHONEY including, by way of example, European Union Trade Mark, registration, number 003400298, in classes 3, 5, 10, 25, 28 and 35, registered on January 17, 2005.",
    "decision_domains": {
        "SEXLOVEHONEY.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}