{ "case_number": "CAC-UDRP-105828", "time_of_filling": "2023-10-12 13:53:46", "domain_names": [ "internationalmaritimestraining.com", "internationalmaritime.training", "maritimeacademytrainingcenter.com", "maritimeacademytraining.com", "internationalmaritimetraining.online" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "NADIA HAKMI (INTERNATIONAL MARITIME TRAINING ACADEMY LLP)" ], "complainant_representative": null, "respondent": [ "Asmaa BOUDERSA", "Zakaria FTAICHI", "asmaa boudersa" ], "respondent_representative": null, "factual_background": "

Procedural<\/strong> Facts<\/strong><\/p>\n

The Complaint in this proceeding initially concerned five domain names<\/p>\n

This proceeding concerns five domain names registered by three different entities.<\/p>\n

1. On 14 May 2023 the First Respondent, International Maritime Training Ltd, registered <internationalmaritime.training> and on 30 May 2023 the First Respondent registered <internationalmaritimestraining.com> (the IMT Domain Names).<\/p>\n

2. On 14 March 2023 the Second Respondent, Zakaria Ftaichi, registered and <maritmeacademytraining.com> (the ZF Domain Name).<\/p>\n

3. On 4 April 2023 the Third Respondent, Asmaa Bourdersa, registered <maritmeacademytrainingcenter.com> and on 11 March 2022 the Third Respondent registered <internationalmaritimetraining.online> (the AB Domain Names).

<\/p>\n

The Complainant requested that the disputes in relation to all five domain names be consolidated.

<\/p>\n

On 31 October the Panel refused to consolidate the disputes relating to the ZF Domain Name and the AB Domain Names. For the reasons already given to the parties on that date, the Panel directed:<\/p>\n

(a). The Complaint in relation to the ZF Domain Name and the AB Domain Names be refused.<\/p>\n

(b). The Complainant was permitted to file a further complaint or complaints in respect of the ZF Domain Name and the AB Domain Names.  Such complaints must comply with the Rules in relation to filing.<\/p>\n

(c).  The Complaint in relation to the IMT Domain Names was consolidated and a decision will be made by the Panel in relation to those domain names.

<\/p>\n

The Panel now provides its decision in relation to the IMT Domain Names, which will herein be referred to as the \"disputed domain names\".<\/p>\n

Substantive Facts<\/strong><\/p>\n

The Complainant was incorporated in 29 December 2020. It operates a website whereby it promotes maritime training and displays its INTERNATIONAL MARITIME ACADEMY and ANCHOR Device trademark. It also promotes this trademark on LinkedIn, Facebook and Instagram as well as the word mark INTERNATIONAL MARITIME ACADEMY. There was also evidence of some use of INTERNATIONAL MARITIME TRAINING ACADEMY on such social media, albeit to a lesser extent.<\/p>\n

Extracts provided by the Complainant showed LinkedIn followers to be 32,723, Facebook followers to be 670 and Instagram followers to be 225. They also showed LinkedIn followers for the Complainant's alumni page to be 8,036.<\/p>\n

The disputed domain names were registered in May 2023, on the specific dates indicated above.<\/p>\n

The Respondent also operates a website whereby it promotes maritime training and displays ANCHOR device logo. The first disputed domain name, <internationalmaritmestraing.com>, directs web users to this website. <\/p>\n

The Respondent is also the applicant for registration of a UK Trade Mark Application, being UK Trade Mark Application No. UK00003968084 INTERNATIONAL MARITIME TRAINING and ANCHOR Device.<\/p>\n

The Complainant provided evidence that it had sent a number of demands to the Respondent in relation to the disputed domain names.<\/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's contentions<\/strong><\/p>\n

The Complainant contends it has registered rights in the above-mentioned trademarks and service marks appearing under the heading \"Identification of Rights\". It also contends it is a renowned maritime training provider and well-known as trading under the name \"International Maritime Academy\".<\/p>\n

The Complainant asserts it has a very strong online presence, including for the brand INTERNATIONAL MARITIME TRAINING ACADEMY.<\/p>\n

In relation to the Respondent, the Complainant contentions can essentially be summarised as follows:<\/p>\n