{
    "case_number": "CAC-UDRP-104571",
    "time_of_filling": "2022-06-28 09:09:40",
    "domain_names": [
        "twinsetsoldes.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "TWINSET S.p.A."
    ],
    "complainant_representative": "Coöperatieve Vereniging SNB-REACT U.A.",
    "respondent": [
        "Chunmei  Tang "
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant’s contentions can be summarised as follows:\r\n\r\nA. Background history\r\n\r\nThe Complainant is an Italian fashion company with more than 120 flagship stores around the world. \r\n\r\nIn addition to the trade marks mentioned in the section “Identification of Rights” above, and other trade marks in its portfolio, the Complainant informs that it is also the owner of domain names which contain the term “TWINSET”, including <twinset.com> (registered in 2001); <twinset.fr> (registered in 2012); and <twinset.cn> (registered in 2012).\r\n\r\nBy way of relief, the Complainant seeks the transfer of the disputed domain name <twinsetsoldes.com> to the Complainant on the grounds advanced in section B below. \r\n\r\n\r\nB. Legal grounds\r\n\r\nI. The disputed domain name is identical or confusingly similar to trade marks in which the Complainant has rights\r\n\r\nThe Complaint submits that the disputed domain name <twinsetsoldes.com> incorporates the Complainant’s trade mark TWINSET in its entirety; that the additional generic term “soldes” refers to the French word for “Sales” in the English language; and that such generic term is insufficient to prevent a finding of confusing similarity with the Complainant’s trade mark TWINSET. \r\n\r\n\r\nII. The Respondent has no rights or legitimate interests in respect of the disputed domain name\r\n\r\nThe Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent does not carry out any activity for, or has any business with, the Complainant. Neither licence nor authorisation has been given to the Respondent to make any use of the Complainant’s trade mark TWINSET or the disputed domain name. Moreover, the Respondent is not known by the disputed domain name. \r\n\r\nThe Complainant avers that the disputed domain name was registered on 31 December 2021, and that it resolves to a website where the Complainant’s products appear to be commercialised (“the Respondent’s website”). The Complainant further avers that the Respondent’s website demonstrates neither a bona fide offering of goods nor a legitimate interest of the Respondent. In addition, the Complainant claims that the Respondent has failed to meet the Oki Data test, in so far as (i) the Complainant has unsuccessfully attempted to purchase goods from the Respondent’s website (first requirement of the Oki Data test); and (ii) the Respondent’s website does not disclose accurately and prominently the Respondent’s relationship with the trade mark holder (third requirement of the Oki Data test).\r\n\r\nIn view of the above, the Complainant concludes that the Respondent has no rights or legitimate interests in the dispute domain name. \r\n\r\n\r\nIII. The Respondent registered and is using the disputed domain name in bad faith\r\n\r\nRegistration\r\n\r\nThe Complainant has trade mark rights in TWINSET since at least 2017, whereas the disputed domain name, which fully incorporates the Complainant’s trade mark, was registered on 31 December 2021. The Complainant states that a simple trade mark search by the Respondent would have revealed the Complainant’s trade mark registrations. Taken these factors together, as well as the choice of the disputed domain name and the use of the Respondent’s website, the Respondent could not reasonably have been unaware of the Complainant’s trade mark TWINSET at the time of registration of the disputed domain name. \r\n\r\n\r\nUse \r\n\r\nThe Complainant states that the Respondent uses the disputed domain name in bad faith in so far as the Respondent’s website creates the false impression of a potential affiliation or connection with the Complainant, without authorisation being given to the Respondent to register and use the trade mark TWINSET nor the trade mark TWINSET MILANO on the Respondent’s website, or at all.\r\n\r\nFurthermore, the Respondent’s website does not contain express disclaimers regarding the absence of relationship between the Complainant and the Respondent. \r\n\r\nThe Complainant contends that the Respondent has therefore intentionally used the disputed domain name to attract, for commercial gain, Internet users to the Respondent' website by creating a likelihood of confusion with the Complainant as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website (paragraph 4(b)(iv) of the UDRP Policy). \r\n\r\nIn view of the above, the Complainant therefore concludes that the Respondent has registered and is using the disputed domain name in bad faith. ",
    "other_legal_proceedings": "The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <twinsetsoldes.com> (“the disputed domain name”).\r\n",
    "no_response_filed": "The Respondent has not filed an administratively compliant Response within the deadline prescribed under the UDRP Rules, or at all. ",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP 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": [
        "Yana Zhou"
    ],
    "date_of_panel_decision": "2022-07-28 00:00:00",
    "informal_english_translation": "The Complainant relies upon the following registered trade marks, amongst others:\r\n\r\n• International trade mark registration no. 1373313, registered on 5 July 2017, designating, amongst others, China, for the word mark TWINSET, in classes 3, 9 and 24 of the Nice Classification; \r\n\r\n• EU trade mark registration no. 017390493, registered on 14 March 2018, for the word mark TWINSET, in classes 4, 11, 14 and 20 of the Nice Classification;  \r\n\r\n• EU trade mark registration no. 017390485, registered on 30 March 2018, for the word mark TWINSET MILANO, in classes 3, 4, 9, 11, 14, 16, 18, 20, 24, 25 and 35 of the Nice Classification; and\r\n\r\n• US trade mark registration no. 5876344, registered on 8 October 2019, for the word mark TWINSET, in classes 14 and 20 of the Nice Classification. \r\n\r\n(hereinafter, collectively or individually, “the Complainant’s trade mark”; “the Complainant’s trade mark TWINSET”; or “the trade mark TWINSET” interchangeably).",
    "decision_domains": {
        "TWINSETSOLDES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}