{
    "case_number": "CAC-UDRP-102709",
    "time_of_filling": "2019-10-10 11:24:23",
    "domain_names": [
        "shark-gaming.com"
    ],
    "case_administrator": "Iveta Špiclová (Case admin)",
    "complainant": [
        "Shark Gaming Systems A\/S"
    ],
    "complainant_representative": "Paragraf Advokaterne ApS",
    "respondent": [
        "Smit Electrovic d.o.o."
    ],
    "respondent_representative": null,
    "factual_background": "Complainant offers computer games through its domain name <sharkgaming.com>. \r\n\r\nThe disputed domain name was created in November 2011 when it redirected to www.whiteshark.biz\/en\/. Respondent is a direct competitor to Complainant, since both sell equipment meant for computer gaming.\r\n\r\nComplainant reached out to the Respondent who responded by promising to stop using the disputed domain name after a certain grace period during which they would redirect to their new domain. ",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided proceedings which relate to the disputed domain name. ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant’s contentions can be summarised as follows:\r\n\r\nDisputed domain name is confusingly similar to Complainants’ trademark and domain name <sharkgaming.com>.\r\n\r\nRespondent has no legal rights or legitimate interest in respect to the disputed domain name.\r\n\r\nRespondent has registered and used the disputed domain name in bad faith, by:\r\n \r\na. Registering the domain name in order to prevent trademark owner and competitor from acquiring the disputed domain name.\r\n\r\nb. Registering domain name in order to disrupt the business of their competitor.\r\n\r\nc. Attempting to attract Internet users to their website, for commercial gain, by creating a likelihood of confusion with Complainant’s trademark.\r\n\r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s trademark since it incorporates the mark in its entirety simply dividing shark and gaming with a “-“.\r\n             \r\nRespondent created the disputed domain name in bad faith, knowing about the Complainant since a simple google-search would have revealed this. Furthermore, it is not normally attractive to use “-“ in division of words in domains, unless it is for the sole purpose of leeching by redirecting costumers. Use of the disputed domain name <shark-gaming.com> is confusingly similar to <sharkgaming.com> and have been done for commercial gain while attempting to disrupt a direct competitor. The disputed domain name also redirects to www.whiteshark.biz\/ which makes the attempt to leech on a registered trademark apparent.\r\n\r\nRespondent agreed to stop using the disputed domain name after a grace period, but has continued to use the disputed domain name in breach of that agreement.  ",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": [
        "Dawn Osborne"
    ],
    "date_of_panel_decision": "2019-11-15 00:00:00",
    "informal_english_translation": "The Complainant is the owner of EUTM Registration No 13685078 for SHARK GAMING SYSTEMS registered since 12 May 2015. It owns www.sharkgaming.com.  ",
    "decision_domains": {
        "SHARK-GAMING.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}