{ "case_number": "CAC-UDRP-105280", "time_of_filling": "2023-03-17 09:53:07", "domain_names": [ "KIKKOMAN-LIVEKITCHEN-TOKYO.COM" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Kikkoman Corporation" ], "complainant_representative": "RODENBAUGH LAW", "respondent": [ "Gergana Raycheva (Edoms LLC)" ], "respondent_representative": null, "factual_background": "

The Complainant, KIKKOMAN CORPORATION, is a multinational food company<\/span>. The Complainant is the owner of trademarks in the terms KIKKOMAN.<\/p>\n

The Complainant also owns a number of domain names, including the same distinctive wording KIKKOMAN, such as the domain names <kikkoman.com> and <Kikkoman.eu>.<\/p>\n

The disputed domain name was registered on July, 7, 2021 and resolves to a parking page including pay-per-click advertisings, and a mention stating that the domain name might be for sale.<\/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<\/strong><\/p>\n

The disputed domain name is confusingly similar to the Complainant’s trademark KIKKOMAN and its domain names. The Complainant contends that the mere addition of the terms ‘live kitchen’ (in relation with a brand mostly known for food related products), and “Tokyo” (the capital of the country of origin of the complainant) <\/span>is not sufficient to escape the finding that the domain name is confusingly similar to the Complainant’s trademarks nor does it change the overall impression of the domain name as being associated with the trademark KIKKOMAN. Moreover, the Complainant submits that the addition of the suffix “.COM” is irrelevant in determining whether or not a disputed domain name is confusingly similar to a mark.<\/p>\n

Per the Complaint, the Respondent is not known by the disputed domain name. The Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way and that Respondent has no rights or legitimate interests in respect of the disputed domain name. The use of the domain name, in relation to a parking page including pay-per-click advertisings, and a mention stating that the domain might be for sale, cannot be considered as a bona fide offering of goods or services under the Policy, nor does the Respondent use the domain name for a legitimate or non-commercial fair use, per the Complainant.<\/p>\n

As regards the bad faith of the Respondent, the disputed domain name includes the distinctive trademark KIKKOMAN. It is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark, in particular since the domain name was registered via a drop-catch service.<\/p>\n

Furthermore, the Complainant argues that the Respondent intentionally attempted to divert Internet users by creating a likelihood of confusion, and that the Respondent primarily intended to disrupt the Complainant’s business by registering the disputed domain name.<\/p>\n

 <\/p>\n

RESPONDENT<\/strong><\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/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>", "decision": "Accepted", "panelists": [ "Arthur Fouré" ], "date_of_panel_decision": "2023-05-06 00:00:00", "informal_english_translation": "

The Complainant as provided evidence of ownership of several trademarks, including the following:<\/p>\n