{ "case_number": "CAC-UDRP-104892", "time_of_filling": "2022-10-07 08:55:14", "domain_names": [ "canadauaoutlet.com", "uaistanbul-outlet.com", "uaoutletmx.com", "underarmourakcio.com", "under-armour-danmark.com ", "underarmourespana.com", "underarmourgreeceoutlet.com", "underarmour-hungary.com", "underarmour-ireland.com", "underarmourjapanoutlet.com", "underarmour-malaysia.com", "underarmourmexicooutlet.com", "underarmouroutletnz.com", "underarmouroutletportugal.com", "underarmour-philippines.com", "underarmourrabatt.com", "underarmourscanada.com", "underarmour-singapore.com", "underarmoursklep.com", "underarmourukoutlet.com", "ua-sweden.com", "underarmoursydney.com", "uacipo.com", "uashoposterreich.com", "uaskosalg.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Under Armour Inc." ], "complainant_representative": "Convey srl", "respondent": [ "Web Commerce Communications Limited", "Whoisprotection.cc" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n

I.<\/p>\n

The Complainant is an U.S.A. company that manufactures footwear, sports, and casual apparel, headquartered in Baltimore, Maryland with additional offices located in Amsterdam (European headquarters), Austin, Guangzhou, Hong Kong, Houston, Jakarta, London, Mexico City, Munich, New York City, Panama City (international headquarters), Paris, Pittsburgh, Portland, San Francisco, São Paulo, Santiago, Seoul, Shanghai (Greater Chinese headquarters), and Toronto. The Complainant is widely known as one of the largest sportswear brands in the U.S. The Complainant has spent considerable effort in promoting this mark, thereby acquiring the trademark’s goodwill.<\/p>\n

The Complainant uses its trademarks “UNDER ARMOUR” \"UA\" for its services and (\"UNDER ARMOUR\") as company name.<\/p>\n

The Complainant’s website and Social Media accounts generate a significant number of visits by Internet users every day and are used by the Complainant to promote and also sell online its products. The Complainant’s Facebook account has more than eleven million followers.<\/p>\n

II.1.<\/p>\n

The disputed domain names were registered by the Respondent, without authorization of Complainant, between 2021 and 2022.<\/p>\n

 The disputed domain name <uacipo.com> was registered on 2021\/4\/6; <under-armour-danmark.com> on 2022\/1\/18; <underarmourespana.com> on 2022\/1\/18; <underarmourgreeceoutlet.com> on 2022\/1\/18; <underarmour-hungary.com> on 2022\/1\/18; <underarmour-ireland.com> on 2022\/1\/18; <underarmourjapanoutlet.com> on 2022\/1\/18; <underarmour-malaysia.com> on 2022\/1\/19; <underarmourmexicooutlet.com> on 2022\/1\/18; <underarmouroutletnz.com> on 2021\/11\/17; <underarmouroutletportugal.com> on 2022\/1\/18; <underarmour-philippines.com> on 2022\/1\/19; <underarmourscanada.com> on 2021\/11\/17; <underarmour-singapore.com> on 2022\/1\/19; <underarmoursklep.com> on 2022\/1\/18; <underarmourukoutlet.com> on 2022\/1\/18; <ua-sweden.com> on 2022\/3\/17; <underarmoursydney.com> on 2022\/3\/23.<\/p>\n

They pointed to a website publishing the “UNDER ARMOUR” and „UA“ trademarks and promoting and selling purported products of the Complainant. In detail, the linked website hosts an e-shop offering for sale products from the Complainant's portfolio, i.e. apparel and shoes bearing the Complainant's trademarks. In light of the low prices, the apparel and shoes offered for sale are prima facie counterfeit products. The domain name website does not contain any information about the owner or operator of the e-shop and no contact details are provided.<\/p>\n

It should be preliminarily noted that all the involved domain names share the following similarities:<\/p>\n

- same extension of the domain names „.com“;<\/p>\n

- same Registrar: ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED;<\/p>\n

- sharing the presence of geographical terms or country codes associated to the trademarks UNDER ARMOUR or UA in the domain names;<\/p>\n

- same favicon of the webpages;<\/p>\n

- same footer of the webpages: \"Copyright © 2022 [domain name] Powered by [domain name]\";<\/p>\n

- sharing the same products offered for sale;<\/p>\n

- sharing the presence of Social Media Follow Us section in the webpages footer.<\/p>\n

2.<\/p>\n

The disputed domain name <canadauaoutlet.com> was registered on 2021\/6\/14; <uaistanbul-outlet.com> on 2021\/6\/15; <uaoutletmx.com> on 2021\/12\/29; <uashoposterreich.com> on 2021\/5\/7; <uaskosalg.com> on 2021\/3\/24; <underarmourakcio.com> on 2021\/12\/30; <underarmourrabatt.com> on 2022\/1\/18. Those websites pointed to an „Access denied“ message. The domain name website does not contain any information about the owner or operator and no contact details are provided. It should be preliminarily noted that all the involved domain names share the following similarities:<\/p>\n

- same extension of the domain names „.com“;<\/p>\n

- same Registrar: „ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED“;<\/p>\n

- sharing the presence of geographical terms or country codes associated to the trademarks UNDER ARMOUR or UA in the domain names.<\/p>\n

III.<\/p>\n

As soon as the Complainant became aware of the Respondent’s registration and use of the disputed domain names, confusingly similar to its registered and well-known trademarks \"UNDER ARMOUR\" and \"UA\", it instructed its representative to address to the owner of the disputed domain names cease and desist letters in order to notify him of the infringement of the Complainant’s trademark rights, requesting the immediate cease of any use, and the transfer, of the disputed domain names to the Complainant. The Respondent did respond to these letters.<\/p>\n

In light of the absence of a reply and the failure to comply with the request for transfer of the disputed domain names, the Complainant instructed its representative to file the present Complaint in order to obtain the transfer of the disputed domain names under its ownership and control.<\/p>", "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 names.<\/p>", "no_response_filed": "

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are identical or confusingly similar to trademarks in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "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 names (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Dominik Eickemeier" ], "date_of_panel_decision": "2022-11-11 00:00:00", "informal_english_translation": "

The Complainant is the owner of the trademarks UNDER ARMOUR and UA, with many international and national trademark registrations worldwide, including the following: <\/p>\n