{ "case_number": "CAC-UDRP-102514", "time_of_filling": "2019-06-03 10:14:11", "domain_names": [ "hugobossdiscount.com", "hugobossclearance.com", "hugobossoutletclearance.com", "hugobosssaleclearance.com" ], "case_administrator": "Iveta Špiclová (Case admin)", "complainant": [ "HUGO BOSS Trade Mark Management GmbH & Co", "HUGO BOSS AG" ], "complainant_representative": "BrandIT GmbH", "respondent": [ "wang su qing" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainants are Hugo Boss Trade Mark Management GmbH & Co and Hugo Boss AG (hereinafter referred to collectively as \"the Complainant\"). They are part of the Hugo Boss group, which is a well-known fashion business founded in Germany in 1924. The Hugo Boss group manufactures, markets and retails clothing, shoes and other accessories, as well as fragrances, skincare products, watches, eyewear and kidswear various trademarks including HUGO BOSS, BOSS ORANGE, BOSS and HUGO.\r\n\r\nThe Complainant employs almost 14,000 people worldwide and has generated net sales of EUR 2,796 in the financial year ending June 2018. It operates a number of websites, including one located at .\r\n\r\nThe Complainant owns numerous trademark registrations in various jurisdictions that contain or consist of HUGO BOSS and are registered in relation to clothing related goods in class 25. These include the above mentioned Chinese Trade Mark Registration that has remained registered for other 30 years.\r\n\r\nThe Complainant is also the registrant of numerous domain names containing or consisting of HUGO BOSS.\r\n\r\nThe four disputed domain names all consist of the words HUGOBOSS followed by descriptive terms and ending with the .com gTLD suffix. They were registered at various times between November 2016 and September 2018. \"wang su qing\" is listed as the Registrant for all four disputed domain names and an address in the Chinese province of FuJian is provided. However other contact details vary slightly, including the fact that 3 of the disputed domain names list the registrant e-mail address as \"19868165@qq.com\" whilst the other disputed domain name, lists the registrant e-mail address as \"674713@qq.com\".\r\n\r\nThe language of the registration agreements for all the disputed domain names is Chinese.\r\n\r\nThe disputed domain names all redirect to websites offering clothing goods of sale. They are in English. At the time of the Complaint all four such websites used the \"HUGO BOSS\" trademark in page headings. Further, the website located at prominently displayed the Complainant's HUGO BOSS logo as a heading and the website located at contained a statement saying \"Official HUGO BOSS USA Online Shop\". \r\n\r\nThe Complainant asserts all four websites are intended to mislead consumers into believing they are genuine online stores of the Complainant. The Complainant asserted its trademark rights and demanded transfer of three of the four disputed domain names from the Respondent in an e-mail sent some months ago in October 2018. It received no response.\r\n\r\nThe Respondent's \"674713@qq.com\" e-mail address is listed as the registrant contact for numerous other domain names containing or consisting of well-known clothing brands. The Complainant asserts this is evidence of a pattern of conduct of bad faith domain name registration.\r\n\r\nThe Complainant now requests that the language of the proceedings be in English and the Panel find that despite the said discrepancies in some contact details the Respondent is the same person who is the registrant for all 4 disputed domain names. ", "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.", "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": "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": [ "Mr Andrew Norman Sykes" ], "date_of_panel_decision": "2019-07-14 00:00:00", "informal_english_translation": "Chinese Trade Mark Registration No. 253481 for HUGO BOSS in relation to various clothing goods in class 25, dated 30 June 1986.", "decision_domains": { "HUGOBOSSDISCOUNT.COM": "TRANSFERRED", "HUGOBOSSCLEARANCE.COM": "TRANSFERRED", "HUGOBOSSOUTLETCLEARANCE.COM": "TRANSFERRED", "HUGOBOSSSALECLEARANCE.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }