{
    "case_number": "CAC-UDRP-104735",
    "time_of_filling": "2022-07-20 09:43:58",
    "domain_names": [
        "shsurface.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Microsoft Corporation"
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "duqiang qiang"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a manufacturer and retailer of computer software and hardware. It was founded in 1975 and has its headquarters in Redmond, Washington, United States. It now has approximately 160,000 employees worldwide and in 2021 its revenues were in excess of USD 168 billion. \r\n\r\nSince 2012, the Complainant has sold a series of touchscreen-based personal computers, tablets and interactive whiteboards. These are branded as SURFACE and the Complainant owns many trade marks to protect this trading style. In December 2015, the Complainant’s SURFACE-branded tablet overtook Apple’s iPad as the top-selling tablet online. \r\n\r\nThe disputed domain name was registered on February 2, 2022. \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 SURFACE trade mark in its entirety, preceded by the letters “sh”. Internet users may believe that this additional term refers to new software of the Complainant or to an acronym of Shanghai. \r\n\r\nThe Respondent has no rights or legitimate interests in respect of the disputed domain name.  The Respondent is not a licensee of the Complainant nor is it in any other way authorised to use the Complainant’s trade marks. The Respondent is not commonly known by the disputed domain name, nor is there any evidence that the Respondent has been using, or has made demonstrable preparations to use, the disputed domain name in connection with a bona fide offering of goods and services or that it has made a legitimate, noncommercial or fair use of the disputed domain name. \r\n\r\nThe Respondent has registered and is using the disputed domain name in bad faith. Having regard to the widespread repute of the Complainant’s SURFACE mark, the Respondent must have been aware of it as at the date of its registration of the disputed domain name. Moreover, the Respondent’s identity has been concealed behind a privacy shield and the Respondent has failed to respond to the Complainant’s cease and desist letter, which are further indicators of bad faith. \r\n",
    "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": "2022-08-23 00:00:00",
    "informal_english_translation": "The Complainant is the owner of many trade marks for SURFACE including, by way of example, International Trade Mark, registration, number 1321384, in class 9, registered on August 12, 2016.",
    "decision_domains": {
        "SHSURFACE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}