{
    "case_number": "CAC-UDRP-104679",
    "time_of_filling": "2022-06-28 09:36:18",
    "domain_names": [
        "4505.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "ASOS plc"
    ],
    "complainant_representative": "Stobbs IP",
    "respondent": [
        "MANZU  WANG"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is the parent company of the ASOS group of online fashion retail companies, which includes the subsidiary ASOS.com Ltd under which the ASOS brand primarily trades.\r\n\r\nAccording to the Complainant, the ASOS group operates a unique online retail (including fashion) destination at www.asos.com together with eight country-specific websites and its mobile platforms. As of 2022, ASOS is a leading global online fashion, beauty, gifting and living retailer and one of the UK’s largest online-only fashion retailer.\r\n\r\nThe Complainant informs that the \"4505\" brand, devised to reflect their “ASOS” house brand in numerals i.e., A(4) – S(5) – O(0) - S(5), was officially launched on the Complainant’s www.asos.com website on February 15, 2018, as a brand with a focus on activewear, sportswear and skiwear for men and women.\r\n\r\nFurthermore, the Complainant has evidenced that the launch of the \"4505\" brand has been highly publicized and that the \"4505\" brand forms a key part of the Complainant’s offering and has performed strongly since its launch.\r\n\r\nIn addition, the Complainant has proved to be the owner of numerous trade marks across the world for the “4505” mark and that the Complainant’s rights in \"4505\" date back to July 22, 2014 and pre-exist the registration of the Disputed Domain Name, which was acquired by the Respondent only on December 25, 2020.\r\n\r\nThe Complainant submits that the Disputed Domain Name is identical to the Complainant’s \"4505\" mark as it fully incorporates the \"4505\" term and that the gTLD suffix “.com”, as mere integral technical part of the Disputed Domain Name, may be disregarded in the determination of confusing similarity.\r\n\r\nFurthermore, the Complainant submits that the Respondent does not have any rights or legitimate interests in the Disputed Domain Name since, due to the considerable reputation of the Complainant’s business and brand worldwide, there is no believable or realistic reason for the registration or use of the Disputed Domain Name other than to take advantage of the Complainant’s reputation. The Complainant also submits that to the best of their knowledge, the Respondent has never been known as “4505” at any point in time\r\n\r\nIn the Complainant's view, the Respondent has not made any bona fide offering of goods and services as the website corresponding to the Disputed Domain Name resolves in a mere parking page. The Complainant further submits that the Respondent’s contact address is false as there is no building or business situated at the address stated. The Complainant additionally submits that nothing about the Disputed Domain Name suggests that the Respondent is making a legitimate non-commercial or fair use of it.\r\n\r\nThe Complainant also submits that the mark \"4505\", as well as trading and commercial activities of the business clearly pre-date the acquisition of the Disputed Domain Name by the Respondent on December 25, 2020 and therefore the Disputed Domain Name was registered with prior knowledge of the Complainant’s mark.\r\n\r\nFinally, according to the Complainant, the Respondent has registered the Disputed Domain Name in order to prevent the Complainant, from reflecting the mark in a corresponding domain name.\r\n\r\nThe Complainant therefore requests the Administrative Panel appointed in this administrative proceeding the Disputed Domain Name to be transferred to the Complainant.",
    "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.",
    "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": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2022-08-04 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant relies on different trademarks \"4505\" and, between others:\r\n\r\n- Australian trademark no. 1607537 \"4505\" registered on February 21, 2014 for classes 3, 8, 9, 14, 16, 18, 25, 35;\r\n- EUTM no. 12398781 \"4505\" registered on July 22, 2014 for classes 3, 8, 9, 14, 16, 18, 25, 35;\r\n- UK trademark no. 912398781 \"4505\" registered on July 22, 2014 for classes 3, 8, 9, 14, 16, 18, 25, 35; and\r\n- IR no. 14086891 \"4505\" registered on October 30, 2018 for classes 3, 9, 10, 14, 16, 18, 21, 24, 25, 26, 28, 35, 38, 41 and 42.",
    "decision_domains": {
        "4505.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}