{
    "case_number": "CAC-UDRP-100355",
    "time_of_filling": "2012-01-19 17:38:39",
    "domain_names": [
        "genericshop24.ORG"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "mProvement B.V. (also) GenericShop24.Com"
    ],
    "complainant_representative": "Gravendeel Advocaten BV",
    "respondent": [
        "Ralf  Plummer"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a company with its legal seat in Hilversum, Netherlands. The Complainant submits that the Disputed Domain Name, which is currently registered in the name of the Respondent, should be transferred to it. In support of this, the Complainant alleges that the content on the Respondent’s website infringes its copyright as the content on that website is identical to that at www.genericshop24.com.  The Complainant further alleges that the Respondent, through the text on its website, is deliberately creating a false impression that its website is associated with the Complainant’s website, thereby misleading the public. The Complainant also alleges trade mark infringement in the word mark GENERICSHOP24, and fraud.\r\n\r\nIn the original Complaint, the Respondent was listed as Ralf Plummer. However, due to a subsequent assignment of the Disputed Domain Name, the Amended Complaint lists Ralf Plummer, or in the alternative, Linh Wang as Respondent.\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided that relate to the domain name <www.genericshop24.org> (the \"Disputed Domain Name\").",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n",
    "rights": "Under paragraph 4(a)(i) of the Policy, the Complainant must prove that the Disputed Domain Name is identical or confusingly similar to a trademark or service mark in which the complainant has rights.  This is a two part test.  While it is accepted by the Panel that the trade mark and the Disputed Domain Name are confusingly similar, the Complainant has failed to prove, to the satisfaction of the Panel and for the reasons outlined below, that it has rights in the trade mark GENERICSHOP24 for the purposes of the Policy.\r\n\r\nBecause this is an essential element of the claim, it is not necessary to deal with paragraphs 4(a)(ii) and (iii) of the Policy (see Pet Warehouse v Pets.com, Inc., WIPO Case No. D2000-0105).\r\n",
    "no_rights_or_legitimate_interests": "In light of the Panel's finding above, it is unnecessary for the Panel to address this issue.",
    "bad_faith": "In light of the Panel's finding above, it is unnecessary for the Panel to address this issue.",
    "procedural_factors": "The Complainant has listed Ralf Plummer and Linh Wang as Respondents in the Amended Complaint because the Disputed Domain Name appears to have been transferred in the meantime to Linh Wang.  The Panel is satisfied that both Respondents have been served appropriately as required under the Rules. \r\n\r\nThe Panel is therefore satisfied that all procedural requirements under the Policy and the Rules have been met and there is no reason why it would be inappropriate to provide a decision.\r\n",
    "decision": "Rejected",
    "panelists": [
        "Alistair Payne"
    ],
    "date_of_panel_decision": "2012-03-05 00:00:00",
    "informal_english_translation": "The Complainant is the registered owner of the domain name <“www.genericshop24.com”>. From this website the Complainant sells assorted pharmaceutical products. The Complainant does not currently own any registered trade marks for GENERICSHOP24.  A Community Trade Mark (“CTM”) Application for the trade mark GENERICSHOP24 is currently pending.  The Complainant asserts common law rights in the trade mark.",
    "decision_domains": {
        "GENERICSHOP24.ORG": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}