{
    "case_number": "CAC-UDRP-104648",
    "time_of_filling": "2022-06-14 09:28:17",
    "domain_names": [
        "atomiconlineshop.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "ATOMIC Austria GmbH"
    ],
    "complainant_representative": "INSIDERS",
    "respondent": [
        "Xuhe Huang"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, founded in 1955 by Alois Rohrmoser, is a well-known winter sports equipment company, present in countries all over the world. It is based in the heart of the Austrian alps since its conception. It is the largest ski manufacturer in the world with 1000 in-house employees and produces over 400,000 pairs of skis per year. The Complainant has been part of elite level competitions as the World Cup, the Freeride World, and the Vasaloppet. The Complainant also counts with an innovation team, R&D experts, and the validation of relevant athletes as Hermann Maier, Sofia Goggia, Mikaela Shiffrin, among others, and of the ski artist Chris Benchetler to shape its ATOMIC brand. \r\nThe Complainant’s promotes its products under the Trademark ATOMIC on the website ‘www.atomic.com’ and sells them in both physical and online stores. The sales are made directly on the official ‘www.atomic.com’ website, and also via a network of authorized retailers. The domain name <atomic.com> was registered on May 5, 1994.\r\n\r\nThe Complainant owns the International Trademark ATOMIC since September 7, 1981 and US Trademarks ATOMIC since at least September 14, 1976. \r\n\r\nAccording to the evidence presented before the Panel, the disputed domain name <atomiconlineshop.com> was registered on December 14, 2021 and resolves to an online store based on Complainant’s trademarks and products.\r\n\r\nBy the time of this Decision, the disputed domain name and the website are active. ",
    "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\nCOMPLAINANT CONTENTIONS:\r\n\r\n1) The Complainant states, that it is a well-known winter sports equipment company, present in countries all over the world. It promotes its products under the brand ATOMIC on the website atomic.com and sells them in both physical and online stores. The sales are made directly on the official atomic.com website, and also via a network of authorized retailers.\r\n\r\n2) The Complainant asserts that ATOMIC Austria GmbH, owns the word ATOMIC which has been registered in several different goods classes (including classes 9,18, 25 and 28) as both an international trademark, including China where the Respondent resides, according to the WhoIs information (registration number: 465608) and in the United States (registration numbers 1048126 and 3193143).\r\n\r\n3) The Complainant states that the disputed domain name <atomiconlineshop.com> contains in its entirety the word ATOMIC, identical to the registered ATOMIC word marks; that the domain name in question, ATOMIC is followed by “onlineshop” which merely describes nature of the website, and that such simple addition does not allow a clear distinction between the registered trademark and the disputed domain name, and that creates a strong likelihood of confusion among the public.\r\n\r\n4) The Complainant states that the Respondent is not affiliated with the Complainant in any way and was not authorized by ATOMIC Austria GmbH to use the registered ATOMIC trademark.\r\n\r\n5) That the Respondent has no legitimate interest in the disputed domain name, since the WhoIs records show no business name that may justify an interest in the disputed domain name. Also, that the Respondent is not an authorized ATOMIC retailer, nor it is commonly known by the disputed domain name.\r\n\r\n6) The Complainant also argues that the disputed domain name has been both acquired and is being used in bad faith, that the Respondent knows ATOMIC brand and its products.\r\n\r\n7) The Complainant asserts, that the website to which the disputed domain name resolves was designed to create an appearance of connection with ATOMIC. Therefore, the Respondent intentionally attracts potential ATOMIC clients by creating a likelihood of confusion with the brand ATOMIC: the website displays ATOMIC products and logo (both on the websites and as favicon). That the Respondent is intentionally exploiting ATOMIC’s popularity and recognition for its own gain.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": [
        "Ms.  MARÍA ALEJANDRA LÓPEZ GARCÍA"
    ],
    "date_of_panel_decision": "2022-07-13 00:00:00",
    "informal_english_translation": "The Complainant is a worldwide recognized Austrian winter sports equipment’s Company, which owns the following Trademarks:\r\n\r\n-International Trademark, Reg. No. 465608 ATOMIC, granted on September 7, 1981 and in force until September 7, 2031, in connection with classes 7, 9, 18, 25, and 28;\r\n\r\n-US Trademark, Reg. No. 1,048,126 ATOMIC, granted on September 14, 1976 and in force until September 14, 2026; in connection with the classes 18, 25 and 28; and\r\n\r\n-US Trademark, Reg. No. 3,193,143 ATOMIC, granted on January 2, 2007 and in force until January 2, 2027; in connection with the classes 9 and 25.\r\n\r\nThe disputed domain name <atomiconlineshop.com> was registered on December 14, 2021 and resolves to an online store of Complainant’s products.",
    "decision_domains": {
        "ATOMICONLINESHOP.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}