{ "case_number": "CAC-UDRP-105638", "time_of_filling": "2023-07-20 09:06:24", "domain_names": [ "harleydavidsonsparepartsshop.com", "harleydavidsonpartsandaccessories.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Harley-Davidson Motor Company Inc. " ], "complainant_representative": "Stobbs IP (Stobbs IP)", "respondent": [ "Abedghafari Emma" ], "respondent_representative": null, "factual_background": "

The Complainant is a subsidiary company of Harley-Davidson, Inc., an international motorcycle manufacturer providing leading worldwide manufacture, distribution, and sale of motorcycles, parts, and complementary goods and services. Harley-Davidson, Inc. includes the subsidiary Harley-Davidson Motor Company Inc.<\/p>\n

The Complainant’s parent company has traded on the New York Stock Exchange since 5 November 1987 and as of 18 May 2021, has a market capitalisation value of $7.9 billion.<\/span><\/p>\n

The Complainant owns extensive rights in the HARLEY-DAVIDSON mark and is owner of several other HARLEY-DAVIDSON domain names.<\/span><\/p>\n

No information is known about the Respondent, named Abedghafari Emma, who, according to the Complainant registered both disputed domain names with false identification data.<\/span><\/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 names.<\/p>", "no_response_filed": "

COMPLAINANT' CONTENTIONS:<\/span><\/p>\n

The Complainant requests that all the disputed domain names be transferred to the Complainant based on the following grounds:<\/span><\/p>\n

Identical or confusingly similar<\/span><\/strong><\/p>\n

The Complainant states, that the disputed domain names include the Complainants registered trademarks as the dominant element, along with non-distinctive terms, namely “spare”, “parts”, “shop”, and “accessories” which are either descriptive or generic and do nothing to alter the overall impression in the eyes of the average Internet user. <\/span><\/p>\n

In fact, the non-distinctive terms reinforce in the view of Complainant the connection and are attempts of the Respondent of how to pass off as the Complainant. <\/span><\/p>\n

Furthermore, the Complainant requests that the Panel omit the TLD suffix ‘.com’ when assessing the disputed domain names, as it is merely a technical requirement, used for domain name registrations.<\/span><\/p>\n

No rights or legitimate interests<\/span><\/strong><\/p>\n

The Complainant submits that the Respondent does not have any rights or legitimate interests in the disputed domain names. <\/span><\/p>\n

The Complainant states that based on the considerable reputation of the HARLEY-DAVIDSON brand, there is no credible, believable, or realistic reason for registration or use of the disputed domain names other than to take advantage of the Complainant’s rights and brand reputation. The disputed domain names were registered on 13 January 2023 and 2 February 2023, respectively, significantly post-dating the establishment of the HARLEY-DAVIDSON brand in 1903 as well as the Complainant’s earlier rights in HARLEY-DAVIDSON.<\/span><\/p>\n

The Complainant submits that the Respondent is using the disputed domain names to resolve to “Infringing Websites” giving the impression that they either are the Complainant or are in some way authorised or affiliated with them. For example, https:\/\/harleydavidsonpartsandaccessories.com includes a contact phone number of “+1 937 971 2585” and physical location “1213 Cincinnati Ave, Xenia, OH 45385, USA”, which is in fact an official Harley-Davidson store. <\/span><\/p>\n

It is clear in the view of Complainant that the Respondent does not have a legitimate interest in the disputed domain names. The Respondent’s use of the disputed domain names is merely to impersonate\/pass off as the Complainant which shows that they are not using them in relation to a bona fide offering of goods or services. Consequently, the Respondent cannot claim a defence under the Policy, Paragraph 4(c)(i).<\/span> <\/span><\/p>\n

Registered and used in bad faith<\/span><\/strong><\/p>\n

The Complainant submits further that the disputed domain names have been registered and used in bad faith in accordance with Policy, Paragraph 4(a)(iii).<\/span><\/p>\n

According to the Complainant, the registered trademarks significantly pre-date the registration of the disputed domain names and the Respondent must have been unequivocally aware of the HARLEY-DAVIDSON rights, given their repeated use of the registered on the infringing Websites to give the impression of a connection with the Complainant. Therefore, the Complainant reiterates that the disputed domain names were registered with the sole purpose of targeting the Complainant’s Registered trademarks.<\/span><\/p>\n

The Complainant further submits that the Respondent has registered the disputed domain names in bad faith by registering them for the purpose of preventing the Complainant from reflecting the mark in a corresponding domain and point out that a Whois search indicates that the Respondent has registered 255 domains targeting various well-known brands. The Complainant thus concludes that the Respondent’s conduct is classic ‘cybersquatting’.<\/span><\/p>\n

Moreover, the Complainant reiterates that the Registrant has also not registered the disputed domain names using accurate address details, which in view of the Complainant is one of the signs of bad faith registration.<\/p>\n

Finally, the Complainant indicates that the Respondent has registered the disputed domain names to drive internet traffic to the Infringing Websites and, thereafter, to impersonate the Complainant or claim an affiliation.<\/span><\/p>\n

Based on the submissions above, the Complainant maintains that the disputed domain names were registered and used in bad faith and all elements of the Policy are satisfied.<\/span><\/p>\n

RESPONDENT'S CONTENTIONS:<\/span><\/p>\n

The Respondent did not respond to the Complaint.<\/span><\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are identical or confusingly similar to trademarks in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/span><\/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 names (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 names have been registered and 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": [ "Hana Císlerová" ], "date_of_panel_decision": "2023-08-14 00:00:00", "informal_english_translation": "

The Complainant is the registered owner of several trademarks for the name HARLEY-DAVIDSON, among which the following:<\/span><\/p>\n