{
    "case_number": "CAC-UDRP-104802",
    "time_of_filling": "2022-09-01 09:47:11",
    "domain_names": [
        "brooks-england.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Brooks England LTD"
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "Ahdh  Fvdeh"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, originally based in Smethwick, West Midlands, England is a bicycle saddle manufacturer that is owned by Selle Royal Group S.P.A. The Complainant has been making leather goods since 1866, when it was founded in Hockley, Birmingham. In the 1880s, the production of bicycle saddles began, the first saddle patent having been filed in 1882 and, according to family legend, the company began when founder John Boultbee Brooks, a horse saddle manufacturer, tried to use a bicycle after his horse died but found the wooden seat very uncomfortable. As a result, he vowed to set about solving this problem and Brooks was born.\r\nRaleigh Bicycle Company bought Brooks in 1962 and, when Raleigh collapsed in 1999, the Complainant was sold and subsequently went into liquidation. John Godfrey Macnaughtan and Adrien Williams were able to buy the company and keep production in England; in 2002, they sold Brooks to Selle Royal.\r\nThe Complainant owns several trademarks, characterised by the presence of the distinctive term \"BROOKS ENGLAND\". \r\nOn 27 May 2022, the Respondent Ahdh Fvdeh, an individual located in Hong Kong, registered the disputed domain name <brooks-england.com>.\r\nThe disputed domain name resolves to a website offering for sale counterfeited products of the Complainant, and displaying Complainant’s trademark and logo.\r\nThe Complainant sent a cease and desist letter to the Respondent on 12 July 2022, however no reply was received.  \r\nAccording 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.\r\nThe facts asserted by the Complainant are not contested by the Respondent because no Response was filed.",
    "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.",
    "decision": "Accepted",
    "panelists": [
        "Claire Kowarsky, LL.M"
    ],
    "date_of_panel_decision": "2022-10-09 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks consisting of the term “BROOKS ENGLAND” in particular the international trademark BROOKS ENGLAND® n° 1334158 registered since 30 November 2016 in classes 09 and 12. \r\n\r\nFurther, the Complainant operates under the official website  www.brooksengland.com, registered to Selle Royal Spa, claimed to be an entity associated with Complainant.",
    "decision_domains": {
        "BROOKS-ENGLAND.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}