{
    "case_number": "CAC-UDRP-105188",
    "time_of_filling": "2023-02-10 09:17:51",
    "domain_names": [
        "BelronCanada.org"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Belron International Limited"
    ],
    "complainant_representative": "HSS IPM GmbH",
    "respondent": [
        "Alexandre  Hétu"
    ],
    "respondent_representative": null,
    "factual_background": "<p style=\"font-weight: 400;\">The Complainant, Belron International Limited, is <span>part of the Belron Group which is globally active in vehicle glass repair and replacement. <\/span><span>&nbsp;<\/span>The Belron Group has approximately 29,000 employees and operates across over 35 countries and 6 continents, including in Canada where the Respondent appears to be located.<\/p>\n<p style=\"font-weight: 400;\">The Complainant is the owner of the registered Canadian word marks BELRON and BELRON CANADA in several classes since 2007 and 2001 respectively. The Complainant <span>and related entities of the Belron Group also own domain names such as &lt;belron.com&gt; and &lt;belroncanada.com&gt;, which resolve to official websites of the Belron Group<\/span>.<\/p>\n<p style=\"font-weight: 400;\">The disputed domain name &lt;belroncanada.org&gt; has been registered on January 19, 2023, and appears to be inactive.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>COMPLAINANT:<\/p>\n<p style=\"font-weight: 400;\">The Complainant considers the disputed domain name to be identical or confusingly similar to a trademark in which it has rights. The Complainant claims that the Respondent has no rights or legitimate interests in respect of the disputed domain name. According to the Complainant:<\/p>\n<ul>\n<li>there is no evidence of any use of the disputed domain name in connection with a bona fide offering of goods or services;<\/li>\n<li>the Respondent is not commonly known by the disputed domain name, has no connection to the Complainant and has not been authorized to use the Complainant&rsquo;s trademarks;<\/li>\n<li>there is no evidence that the Respondent has made any known legitimate, non-commercial use of the disputed domain name.<\/li>\n<\/ul>\n<p style=\"font-weight: 400;\">Finally, the Complainant considers that the disputed domain name was registered and is being used in bad faith. The Complainant contends that it is reasonable to infer that the Respondent knew or should have known of the Complainant&rsquo;s mark at the time of registration. The Complainant further believes that there is a threat of phishing and that there can be no good reason to impersonate the Complainant through the use of the disputed domain name.&nbsp;&nbsp;<\/p>\n<p>RESPONDENT:<\/p>\n<p style=\"font-weight: 400;\">The Respondent did not reply to the Complainant&rsquo;s contentions.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>Taking into account the procedural issue addressed below, 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<p style=\"font-weight: 400;\"><strong>Procedural issue: Language of proceedings<\/strong><\/p>\n<p style=\"font-weight: 400;\">Pursuant to the Rules, Paragraph 11, in the absence of an agreement between the Parties, or specified otherwise in the registration agreement, the language of the administrative proceeding shall be the language of the registration agreement, subject to the authority of the Panel to determine otherwise having regard to the circumstances of the administrative proceeding.<\/p>\n<p>According to information received from the Registrar, the language of the registration agreement for the disputed domain name is French. The Complainant requests that the language of the proceedings is English.<\/p>\n<p style=\"font-weight: 400;\">Previous UDRP panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement. Such scenarios include:<\/p>\n<p style=\"font-weight: 400;\">- evidence showing that the respondent can understand the language of the complaint;<\/p>\n<p style=\"font-weight: 400;\">- potential unfairness or unwarranted delay in ordering the complainant to translate the complaint;<\/p>\n<p style=\"font-weight: 400;\">- other indicia tending to show that it would not be unfair to proceed in a language other than that of the registration agreement.<\/p>\n<p>The Panel notes that the Respondent is located in Canada, where one of the official languages is English and the use of the English language is widespread. In addition, in view of the absence of any Response or other communication from the Respondent, the Panel finds that it would be a disadvantage for the Complainant to be forced to translate the Complaint. For these reasons and given the circumstances of this case as further explained below, the Panel determines that the language of the proceedings is English.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Flip Petillion"
    ],
    "date_of_panel_decision": "2023-03-28 00:00:00",
    "informal_english_translation": "<p style=\"font-weight: 400;\">The Complainant is the holder of various registered trademarks including the following:<\/p>\n<ul>\n<li>Canadian word mark BELRON registered under TMA685627 since April 5, 2007, covering goods and services in classes 3, 12, 16, 17, 21 and 37;<\/li>\n<li>Canadian word mark BELRON CANADA registered under TMA539670 since January 15, 2001, covering goods and services in classes 3, 7, 10, 12, 19, 21 and 37.<\/li>\n<\/ul>",
    "decision_domains": {
        "BelronCanada.org": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}