Crankbrothers Inc., the Complainant in this proceeding, is located in the United States, with registered offices at 580 Broadway St, Suite 101, Laguna Beach, CA 92651, US. It also has an operating<\/p>\n
hub in Taiwan. The business was founded in 1997 in a garage in Laguna Beach, California, when it began manufacturing tools, pumps, wheels, handlebars, stems and seat posts. It has grown to be a manufacturer of components for bicycles and today it is owned by Selle Royal Group S.P.A. Its products are appreciated by mountain bike professionals for the technology and quality of Crankbrothers products.<\/p>\n
The Complainant states that “[f]rustrated by complicated clipless pedals, Complainant’s engineers Carl Winefordner and designer Frank Hermansens developed the Eggbeater pedal in 2001 – a milestone in the company's history construction with 4 entry sides offers twice as many as conventional clipless pedals and thus makes it easier to click in and out - a great benefit especially in difficult terrain.” It also has many other bicycle products that it has developed including the Stamp pedal as well as pumps and multitools. In addition, its products include wheels and seat posts. The Complainant states that much of its products are revolutionary.<\/p>\n
In 2022, the Complainant celebrated the 25th anniversary with offices in the HQ at Laguna Beach, as well as in San Clemente CA, and in Taiwan.<\/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:<\/p>\n
The Complainant alleges that the at issue domain name, <crank-brothers.com> (the „Disputed Domain Name“) resolves to an active website having the appearance of being Complainant’s website and offering or appearing to offer Complainant’s products. In view of its world-wide reputation and the fact that it has a market presence in China and Chine trademarks, the Respondent could not ignore the existence of the trademark CRANK BROTHERS trademarks and decided to register the disputed domain name to gain profit from the sales of counterfeit products bearing the Complainant’s trademarks and to illegitimately trade on the Complainant’s fame for commercial gain.
<\/p>\n
RESPONDENT:<\/p>\n
The Respondent has not appeared formally or informally to controvert the evidence submitted by the Complaint.<\/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": [ "Gerald Levine Ph.D, Esq." ], "date_of_panel_decision": "2023-06-13 00:00:00", "informal_english_translation": "
The Complainant is the owner of various trademark registrations such as:<\/p>\n
European Union Trademark n. 018042430 – CRANKBROTHERS - Cl. 25, registered on 25 September 2019;<\/p>\n
European Union Trademark n. 010163459 – CRANKBROTHERS - Cl. 8, 12, 18, 21, 25, registered<\/p>\n
on 3 January 2012;<\/p>\n
US Serial n. 88435952 – CRANKBROTHERS – Cl. 25, registered on 5 May 2020;<\/p>\n
WIPO Trademark n. 1338382 – CRANKBROTHER – Cl. 8, 12, registered on 8 December 2016.
<\/p>\n
It also has other trademarks worldwide, including in China:<\/p>\n
“CRANKBROTHERS” CN TM n° 6105103 – Nice Cl. 12;<\/p>\n
“CRANKBROTHERS” CN TM n° 26641479 – Nice Cl. 25.<\/p>", "decision_domains": { "crank-brothers.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }