{ "case_number": "CAC-UDRP-104756", "time_of_filling": "2022-08-03 09:28:52", "domain_names": [ "IVIR-OPTICS.COM" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Hellma GmbH & Co. KG" ], "complainant_representative": null, "respondent": [ "dawson smith" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant's affiliated company Hellma Materials GmbH is a specialist in the production of synthetic crystals and optical ceramics for various applications, primarily for microlithography, optics, laser technology and radiation detection. It was publicly announced that on July 5, 2021 the Hellma Materials GmbH signed a contract to take over the germanium crystal growth business which was bundled in Photonic Sense GmbH, Eisenach (Thuringia), subsequently rebranded to IV-IR-Optics GmbH.\r\n\r\nThe disputed domain names were registered soon after the acquisition was publicly announced. The disputed domain name was registered on October 30, 2021. The disputed domain name was registered on August 26, 2021.", "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.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\ni) The Complainant's affiliated company Hellma Materials GmbH owns rights in the word mark \"IV IR OPTICS\". The Hellma Materials GmbH signed a contract to acquire rights in the word mark \"PHOTONIC SENSE\" from Photonic Sense GmbH on July 5, 2021. The disputed domain names are confusingly similar to the domain names and owned by the Complainant Group.\r\n\r\nii) The Respondent has no rights or legitimate interests in respect of the disputed domain names. The disputed domain names are not general terms, but reflect the Complainant's names, trademarks, and services. There are no goods or services being offered by the Respondent. There is no obvious evidence that the Respondent is in any way commonly known as the disputed domain names or offers any services in this regard. The disputed domain names were used to commit fraud by conducting a phishing scheme. \r\n\r\niii) The Respondent has registered and is using the disputed domain names in bad faith. The Respondent registered the disputed domain names soon after the public announcement that the Complainant’s affiliated company Hellma Materials GmbH signed a contract on July 5, 2021 to take over the germanium crystal growth business which was bundled in Photonic Sense GmbH, and rebranded to IV-IR-Optics GmbH. The disputed domain names were registered intending to contact customers by mail to fraudulently inform them to change the banking accounts, which led to a company\/bank account in the UK not affiliated in any way to the Hellma Group. The Complainant Group contacted the Registrars of the disputed domain names, and as a result the Registrars suspended the disputed domain names due to the Respondent's violations of the terms of the Registration Agreement.\r\n\r\nRESPONDENT:\r\nRespondent did not submit a response in this proceeding.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).", "procedural_factors": "Preliminary Issue: Language of the Proceedings\r\n\r\nThe Panel notes that the Registration Agreement for the disputed domain name is written in Japanese, thereby making the language of the proceedings in Japanese. The Complainant has requested that the proceeding should be conducted in English. The Panel has the discretion under UDRP Rule 11(a) to determine the appropriate language of the proceedings taking the particular circumstances of the administrative proceeding into consideration. See Section 4.5, \"WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition\" (hereinafter referred to as \"WIPO Overview 3.0\"); see also Lovehoney Group Limited v yan zhang, CAC 103917 (CAC August 17, 2021) (finding it appropriate to conduct the proceeding in English under Rule 11, despite Japanese being designated as the required language in the registration agreement). \r\n\r\nThe Panel notes that the Registration Agreement for the disputed domain name is written in English thereby making the language of the proceedings in English. Therefore, pursuant to UDRP Rule 11(a) the Panel finds the likely possibility that the Respondent is conversant and proficient in the English language. After considering the circumstance of the present case, in the absence of Response and no objection to the Complainant's request for the language of proceeding, the Panel decides that the proceeding for the disputed domain name as well as the disputed domain name should be in English. \r\n\r\nThe Panel's Procedural Orders and the Complainant's Additional Submissions\r\n\r\nOn September 2, 2022, the Panel issued the Procedural Order to the Complainant to submit supporting evidence in terms of the three elements of Policy paragraph (a) by setting a deadline \"within 5 calendar days\" from the receipt of the Procedural Order. On September 5, 2022, the Panel granted the extension of the deadline to September 12, 2022 pursuant to the Complainant's request. On September 11, 2022, the Complainant submitted an additional submission in response to the Panel's Procedural Order. On September 12, 2022, the Panel issued another Procedural Order to the Complainant to file evidence showing the trademark right holder's authorization to file the Complaint setting a deadline of September 17, 2022. In the Procedural Order, the Panel notified the parties of the extension of the projected decision date to October 1, 2022 accordingly. On September 14, 2022, the Complainant submitted the trademark right holder's authorization to file the Complaint. All of the Procedural Orders and the Complainant's Additional Submissions were properly communicated to the Respondent.\r\n\r\nThe 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", "decision": "Accepted", "panelists": [ "Mr. Ho-Hyun Nahm, Esq." ], "date_of_panel_decision": "2022-09-18 00:00:00", "informal_english_translation": "The Complainant's affiliated company Hellma Materials GmbH owns rights in the word mark \"IV IR OPTICS\" (UK trademark registration number UK00003777839 registered on July 29, 2022). The Hellma Materials GmbH signed a contract to acquire rights in the word mark \"PHOTONIC SENSE\" (e.g., EUIPO trademark registration number 005454211 registered on April 2, 2008) from Photonic Sense GmbH on July 5, 2021.", "decision_domains": { "IVIR-OPTICS.COM": "TRANSFERRED", "PHOTONIC-SENES.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }