{ "case_number": "CAC-UDRP-105069", "time_of_filling": "2022-12-30 09:31:51", "domain_names": [ "marshallvietnam.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Marshall Amplification plc" ], "complainant_representative": "David Llewellyn (Stobbs IP Ltd)", "respondent": [ "Tran Van Thanh" ], "respondent_representative": null, "factual_background": "

The Complainant is a company founded in 1962 and active in the field of designing, amongst other products, music amplifiers, speaker cabinets, branded personal headphones and earphones, Natal Drums, drums and bongos. <\/span><\/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": "

COMPLAINANT:<\/p>\n

The Complainant supports that the disputed domain name is confusingly similar to its prior trademarks and domain names as the sign MARSHALL is entirely comprised in the disputed domain name. The addition of the geographical element \"VIETNAM\" does not exclude the likelihood of confusion.<\/p>\n

The Complainant denies that the Respondent has any rights on the disputed domain name nor that the use of it amounts to a legitimate non-commercial use or a bona fide offering of goods and services for the purpose of the policy.<\/p>\n

The Complainant contends that the disputed domain name was registered in bad faith as at the time of the registration the Respondent was certainly aware of the Complainant exclusive rights on the trademark MARSHALL. Furthermore the use of the disputed domain name is considered in bad faith as the website to which <marshallvietnam.com> redirected was confusingly similar to the Complainant's website and reproduced the Complainant's trademark used in the same field of business in which the Complainant is active.<\/p>\n

RESPONDENT:<\/p>\n

the Respondent did not file any administrative response.<\/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>\n

According to Registrar verification submitted on December 23, 2022 the language of the Registration agreement is both English and Vietnamese. The Complainant filed the complaint in English which is in accordance with paragraph 11 of UDRP Rules. The Provider informed Respondent about the administrative proceeding in both English and Vietnamese. The Provider did not get any response.<\/p>", "decision": "Accepted", "panelists": [ "Andrea Mascetti" ], "date_of_panel_decision": "2023-02-08 00:00:00", "informal_english_translation": "

The Complainant submitted an internal document that contains a non exhaustive list of trademarks composed by the element MARSHALL. However the Complainant did not submit any official certificate of trademark registration or an extract of a trademark official database. The Panel points out that an internal document does not prove, per se, that the Complainant is effectively the owner of the mentioned trademarks if it not combined with official documents (such as a registration certificate or an extract of a trademark official database). That being said, the Panel made an independent search on the EUIPO database and retrieved that the Complainant owns numerous MARSHALL trademarks, including the EU reg. no. 000058065 dating back to April 1st, 1996.<\/span><\/p>\n

The Complainant proved to own numerous domain names composed by MARSHALL, including <marshall.com> registered on June 1994.<\/span><\/p>", "decision_domains": { "marshallvietnam.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }