{ "case_number": "CAC-UDRP-104726", "time_of_filling": "2022-07-13 09:19:43", "domain_names": [ "ikearetailtherapy.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Inter IKEA Systems B.V." ], "complainant_representative": "Convey srl", "respondent": [ "Fu Lei" ], "respondent_representative": null, "factual_background": "The Complainant, Inter IKEA Systems B.V., is the worldwide IKEA franchisor responsible for developing and supplying the global IKEA range of products. IKEA is one of the most well-known home furnishing brands in the world with more than four hundred stores. IKEA Group has roughly 225,000 employees worldwide, reaching more than fifty markets and almost a billion visitors per year.\r\n\r\nThe Complainant started using its IKEA mark more than 70 years ago. In 2021, the IKEA brand was ranked in the twenty-seventh position according to Best Global Brands of Interbrand. The Complainant also states that it holds trademark registrations in more than 80 countries around the world and the IKEA trademark has been extensively promoted, without limitation, in print advertisements, promotional materials, Internet forums acquiring a high international recognition.\r\n\r\nThe Complainant further states that it launched its website www.ikea.com in 1997 and has registered more than 441 domain names under generic Top-Level Domains (“gTLDs”) and 294 domain names under country code Top-Level Domains (“ccTLDs”) – among which are (which was registered in 2004), (which was registered in 2006), , , , , , and . The IKEA trademark has also been used extensively in major social networks where the Complainant has multiple accounts on the same platform for each country. The IKEA mark is widely used and therefore distinctive and well-known around the world.\r\n\r\nThe disputed domain name was registered by the Respondent on December 16, 2018, which resolved to an active website displaying IKEA-related content and passing off as 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.\r\n\r\nPreliminary Issue: Language of Proceedings\r\n\r\nParagraph 11 of the Rules provides that:\r\n“(a) Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.”\r\n\r\nThe language of the Registration Agreement for the disputed domain name is Chinese.\r\n\r\nThe Complainant requested that the language of the proceeding be English for the following reasons:\r\n(i)\tthe Respondent appears to be able to communicate in the English language;\r\n(ii)\tthe disputed domain name is in Latin characters;\r\n(iii)\tthe content of the disputed domain name website was also in English, which shows that the Respondent’s target audience are English-speaking; and\r\n(iv)\trequiring the Complainant to translate the Complaint would incur additional costs and cause unnecessary delays.\r\nThe Respondent did not comment on the language of the proceeding. \r\n\r\nThe Panel cites the following with approval: “Thus, the general rule is that the parties may agree on the language of the administrative proceeding. In the absence of this agreement, the language of the Registration Agreement shall dictate the language of the proceeding. However, the Panel has the discretion to decide otherwise having regard to the circumstances of the case. The Panel’s discretion must be exercised judicially in the spirit of fairness and justice to both parties taking into consideration matters such as command of the language, time and costs. It is important that the language finally decided by the Panel for the proceeding is not prejudicial to either one of the parties in his or her abilities to articulate the arguments for the case.” (See Groupe Auchan v. xmxzl, WIPO Case No. DCC2006 0004).\r\n\r\nHaving considered the above factors, the Panel determines that English be the language of the proceeding. The Panel agrees that the Respondent appear to be familiar with the English language, taking into account the Respondent’s selection of the English-language trademark and the domain name in dispute. In the absence of an objection by the Respondent, the Panel does not find it procedurally efficient to have the Complainant translate the Complaint and evidence into Chinese.", "decision": "Accepted", "panelists": [ "Mr. Jonathan Agmon" ], "date_of_panel_decision": "2022-08-17 00:00:00", "informal_english_translation": "The Complainant is the owner of numerous trademarks worldwide, including but not limited to the following:\r\n- German Trademark Registration No. DE867152 for IKEA, registered on March 12, 1970;\r\n- United States Trademark Registration No. 1118706 for IKEA logo, registered on May 22, 1979;\r\n- United States Trademark Registration No. 1661360 for IKEA, registered on October 22, 1991;\r\n- European Union Trademark Registration No. 000109652 for IKEA, registered on October 1, 1998;\r\n- European Union Trademark Registration No. 000109637 for IKEA, registered on October 8, 1998;\r\n- International Trademark Registration No. 926155 for IKEA logo, registered on April 24, 2007, designating China among other countries;\r\n- Italian Trademark Registration No. 0001257211 for IKEA, registered on March 12, 2010; and\r\n- Italian Trademark Registration No. 0001300174 for IKEA, registered on June 3, 2010.", "decision_domains": { "IKEARETAILTHERAPY.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }