{ "case_number": "CAC-UDRP-105582", "time_of_filling": "2023-06-29 08:48:23", "domain_names": [ "torayindustriesinc.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Toray Kabushiki Kaisha " ], "complainant_representative": "Mike Rodenbaugh (RODENBAUGH LAW)", "respondent": [ "Earl Rummel" ], "respondent_representative": null, "factual_background": "

The Complainant, TORAY KABUSHIKI KAISHA, is a multinational chemistry company founded in 1926. The Complainant is the owner of trademarks in the terms TORAY.<\/p>\n

The disputed domain name was registered on September 11, 2022 and resolves to an error page.<\/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 TORAY. The Complainant contends that the mere addition of the terms ‘industries inc’, which are comprised in the Complainant’s company name, 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 TORAY. 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 fraudulent e-mails 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 TORAY. It is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.<\/p>\n

Furthermore, the Complainant argues that the Respondent actively uses the domain in connection with a fraud and phishing scam, in bad faith.<\/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": "2023-07-28 00:00:00", "informal_english_translation": "

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