{ "case_number": "CAC-UDRP-105727", "time_of_filling": "2023-08-24 12:38:25", "domain_names": [ "mybelron.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Belron International Limited" ], "complainant_representative": "HSS IPM GmbH", "respondent": [ "Carolina Rodrigues" ], "respondent_representative": null, "factual_background": "

The Complainant is the world’s largest dedicated vehicle glass repair and replacement company with approximately 29,000 employees in 37 countries on 6 continents. Only in 2022 the Complainant served 15 million consumers.<\/span><\/p>\n

The Complainant is the registered owner of the trademark “BELRON”, in different countries and continents. All of such trademark registrations predate the registration of the disputed domain name. Prior panels found the trademark BELRON is “distinctive and widely known” (CAC-UDRP-103381).<\/span><\/p>\n

The Complainant is also the owner of several domain names that incorporate the trademark BELRON, namely <belron.com>, registered on 15 July 1998, and <mybelron.net>, registered on 21 October 2021.<\/p>\n

No information is known about the Respondent, named Carolina Rodrigues, who registered the disputed domain name <mybelron.com> under a hidden identity through an identity protection service provided by Domains By Proxy, LLC.<\/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 name.<\/p>", "no_response_filed": "

COMPLAINANT:<\/p>\n

The Complainant requests that the disputed domain name 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 name fully incorporates the Complainants registered trademarks as the dominant element, along with non-distinctive term, “my” and the suffix “.com” which represent only a technical requirement of registration and does not change the overall similar impression the disputed domain and the Complainant’s registered trademark leave.

<\/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 name. <\/span><\/p>\n

The Complainant states that depending on the browser and location, the disputed domain name resolves to a browser warning alert regarding a malicious website, a gambling website or other kinds of content and that the disputed domain name previously displayed a pay-per-click website with related links such as auto window replacement, window replacement, and auto windshield replacement.<\/span><\/p>\n

In the view of Complainant there is no evidence that the Respondent has a history of using or is currently preparing to use the disputed domain name in connection with a bona fide offering of goods and services. <\/span> <\/span><\/p>\n

Furthermore, the Complainant has not found that Respondent was commonly known by the disputed domain name or that it has any interest in the domain name. To the best of its knowledge, the Complainant declares not having any connection to Respondent, nor authorized him to use its trademark.<\/span> <\/span><\/p>\n

Finally, the Complainant has not found any evidence that Respondent has made any known legitimate, non-commercial use of the disputed domain name.

<\/p>\n

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

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

According to the Complainant, the registered trademark significantly pre-date the registration of the disputed domain name and the Respondent must have been unequivocally aware of the BELRON trademark which come out as the first result in the Google search engine.<\/span><\/p>\n

Finally, the Complainant indicates that the Respondent has registered the disputed domain name to drive internet traffic to generate more traffic to its own business. In particular, the Complainant points out that the disputed domain name used to resolve to a pay-per-click website showing related links. Based on that, according to the Complainant, the Respondent took advantage of Complainant's trademark by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of Respondent's products, services, website, or location.<\/span><\/p>\n

Given the submissions above, the Complainant maintains that the disputed domain name was registered and used in bad faith and that all elements of the Policy are satisfied.<\/span> 

<\/span><\/p>\n

RESPONDENT:<\/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 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": [ "Hana Císlerová" ], "date_of_panel_decision": "2023-09-28 00:00:00", "informal_english_translation": "

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