{
    "case_number": "CAC-UDRP-101129",
    "time_of_filling": "2015-12-21 10:58:19",
    "domain_names": [
        "nexum.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Nexum AG"
    ],
    "complainant_representative": "Heuking Kühn Lüer Wojtek PartGmbB",
    "respondent": [
        "DOMAIN SUPPORT"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a German based international digital communications consultancy. As part of its services the Complainant provides SEO services (Search Engine Optimisation). The Complainant acts for many internationally renowned brands. \r\n\r\nThe Complainant is the owner of a number of trade marks including the registered NEXUM mark dated 7 May 2001. In addition, it owns the domain name 'nexum.de', which is used to point to the Complainant's main website.\r\n\r\nThe Domain Name was registered by “DOMAIN SUPPORT” (the 'Respondent') on 19 May 2004, and has been used to resolve to a web page featuring links (including sponsored links) to third party web sites offering SEO services.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the disputed domain name NEXUM.COM (the 'Domain Name').",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that the Domain Name is identical and\/or confusingly similar to the Complainant's trade marks ‘NEXUM’, which are registered in Germany and Great Britain.\r\n\r\nFurthermore, the Complainant claims the Respondent does not have any rights or legitimate interest in the Domain Name as it:\r\n\r\n- uses the Domain Name for commercial gain; and\r\n\r\n- the Respondent does not use the trade mark NEXUM nor the Domain Name in connection with any offering of its own goods or services.\r\n\r\nFinally, according to the Complainant the Domain Name has been registered and is being used in bad faith as:\r\n\r\n-The Respondent is hiding behind the name ‘DOMAINSUPPORT’ to conceal its identity;\r\n\r\n-The Domain Name is not being used for the Respondent’s own legitimate purposes;\r\n\r\n-The Respondent’s use of the Domain Name aims to generate money-per-click for users who access the Domain Name and follow the links to access websites belonging to German competitors of the Complainant;\r\n\r\n-The Respondent’s use targets the Complainant by linking to third party competitors for its own commercial gain; and\r\n\r\n-The current use of the Domain Name constitutes domain parking.\r\n\r\nThe domain name is identical to the trade marks and company name\/trade name of the Complainant (Paragraph 4(a) (i) UDRP). The \".com\" aspect of the Domain Name can be disregarded. \r\n\r\nAt the time of registration of the Domain Name by the Respondent, the German trade marks of the Complainant were already registered and being used, intensively, and the Complainant was operating on the market under the trade mark as a consultancy and agency. \r\n\r\nEven though the Respondent registered the Domain Name long ago, it is not using it for any legitimate purpose. Further, even though the Respondent is located in Hong Kong, its conduct is clearly targeting German customers and users as a big part of the website is in German. Also, the Respondent links the Domain Name with SEO and similar services companies. Thus, the Respondent must have known the Complainant, its trade mark and its business. ",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical 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 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 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\nThe Complainant, being represented by Heuking Kühn Lüer Wojtek PartGmbB, filed its complaint in relation to the Domain Name with the CAC on 21 December 2015. \r\n\r\nThe CAC then formally commenced proceedings on 22 December 2015 and notified the Respondent accordingly.\r\n\r\nThe Respondent failed to submit a response within the time frame required in this complaint, or at all, and a Notification of Respondent’s Default was therefore issued by the CAC on 12 January 2016.\r\n\r\nHaving received a Statement of Acceptance and Declaration of Impartiality, the Czech Arbitration Court appointed Steve Palmer, of Palmer Biggs Intellectual Property solicitors, as the Panel in these UDRP proceedings on 14 January 2016. ",
    "decision": "Accepted",
    "panelists": [
        "Steve Palmer"
    ],
    "date_of_panel_decision": "2016-01-28 00:00:00",
    "informal_english_translation": "Nexum AG (the 'Complainant') is the owner of a number of registered trade marks for NEXUM or which include NEXUM, including a trade mark for 'nexum' registered in Germany under number 30052038 in classes 09, 16, 35, 38, 41 and 42 ('the NEXUM mark') dated 7 May 2001.",
    "decision_domains": {
        "NEXUM.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}