{ "case_number": "CAC-UDRP-105014", "time_of_filling": "2022-11-25 09:18:10", "domain_names": [ "fsacycling.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "TIEN HSIN INDUSTRIES CO. LTD." ], "complainant_representative": "Convey srl", "respondent": [ "Jgdg Ybdeg (Domain Protection Services, Inc. )" ], "respondent_representative": null, "factual_background": "

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

The Complainant owns several trademarks, characterised by the presence of the term \"FSA\", an acronym for “FULL SPEED AHEAD”.<\/p>\n

The Complainant, with origins for its FSA brand in California, is headquartered in the Taiwanese city of Taichung and has key offices in Washington state, USA, and Busnago, Italy.  Complainant produces world class bicycle components for road cycling and mountain biking and supports many of the world’s leading road and mountain bike teams under its FSA trademark. Complainant FSA branded bicycle products include stems, bottle cages, and wheelsets.  Complainant has distributors in many countries around the world, and actively promotes its FSA trademark on the internet through its official website and social media accounts (including Instagram, Facebook, Twitter and Youtube), and through sponsorships of leading cycling teams.<\/p>\n

On 07 June 2022, the Respondent Jgdg Ybdeg, an individual located in Hong Kong, registered the disputed domain name <fsacycling.com>.<\/p>\n

The disputed domain name resolves to a website offering for sale counterfeited products of the Complainant, and displaying Complainant’s trademark and logo.<\/p>\n

The Complainant sent a cease and desist letter to the Respondent on 12 October 2022, however no reply was received. <\/p>\n

According to the information on the case file, the Registrar confirmed that the Respondent is the current registrant of the disputed domain name and that the language of the registration agreement is English.<\/p>\n

The facts asserted by the Complainant are not contested by the Respondent because no Response was filed.<\/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 name.<\/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 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).<\/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 name (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 name has been registered and is 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": [ "Claire Kowarsky" ], "date_of_panel_decision": "2022-12-22 00:00:00", "informal_english_translation": "

The Complainant is the owner of several trademarks consisting of the term “FSA” and “FSA FULL SPEED AHEAD” including the Italian word trademark FSA® n° 201600002306 registered since 27 December 2016 in class 12 and the European figurative trademark FSA FULL SPEED AHEAD n° 010372241 registered since 08 May 2012 in classes 9, 12 and 25.<\/p>\n

Further, the Complainant operates its business using the official website www.fullspeedahead.com<\/a>.<\/p>", "decision_domains": { "fsacycling.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }