{ "case_number": "CAC-UDRP-106099", "time_of_filling": "2023-12-21 10:00:09", "domain_names": [ "golaaustraliasale.com", "golabelgique.com", "golabelgium.com ", "golabrasiloutlet.com", "golacanada.net ", "goladanmark.com", "golairelandstore.com", "golanederlandstore.com", "golanorge.com ", "golaportugalstore.com", "golaschweizsale.com", "golasouthafricaonline.com", "golasuisse.com", "golauk.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "D Jacobson & Sons Limited " ], "complainant_representative": "TLT LLP", "respondent": [ "Qiu Xiaofeng" ], "respondent_representative": null, "factual_background": "

The Complainant is a United<\/span> Kingdom-based<\/span><\/span> designer<\/span>,<\/span> importer<\/span>,<\/span> seller<\/span> and<\/span> exporter<\/span> of<\/span> women's<\/span><\/span>,<\/span> men's<\/span> and<\/span> children's<\/span> footwear<\/span>.<\/span> <\/span>C<\/span>omplainant's footwear and bags<\/span> are sold throughout the world, including through its various websites registered under domain names such as <gola.co.uk> and <golausa.com>.<\/span><\/p>\n

T<\/span>he disputed domain names were registered between May 30, 2023 and July 13, 2023. <\/span>T<\/span>hese domains were<\/span> all used<\/span> to host active websites that mirrored the <\/span><\/span>C<\/span>omplainant's real<\/span> websites, include content from the Complainant's<\/span> website,<\/span> and prominently display<\/span> the Trademark<\/span> at the top of the website.<\/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.<\/em><\/p>", "no_response_filed": "

COMPLAINANT:<\/p>\n

\n

The Complainant alleges that the disputed domain names are identical or highly similar to the Trademark, in which t<\/span>he Complainant has acquired substantial goodwill and reputation in the UK and European Union.<\/span><\/span><\/span><\/span><\/span><\/p>\n

The Complainant further alleges that the Respondent has no rights or legitimate interests in the disputed domain names. In particular, the Complainant asserts that t<\/span>he disputed domain names are<\/span> in<\/span> no<\/span> way<\/span> associated<\/span><\/span> with<\/span> or<\/span><\/span> authorized<\/span> by<\/span> the<\/span> Complainant<\/span>. They further argue that the <\/span>use of the Trademark in the disputed domain names implies that there is a commercial relationship between the Complainant and the disputed domain names where there is none.<\/span><\/p>\n

Finally, the Complainant alleges that the disputed domain names were registered and are being used in bad faith. The Complainant states that the disputed domain names <\/span>were clearly set up by the Respondent to mirror the <\/span>Complainant’s genuine websites. Further, the Complainant states that <\/span>the Respondent was unaware of the similarity between the disputed domain names and the Trademark at the time of registration. With respect to bad faith use, the Complainant argues that the <\/span>use of the disputed domain names is likely to mislead relevant members of the public who attempt to purchase products through the disputed domain names into believing that they are doing so from the Complainant’s genuine website or from a website that is in any<\/span> way affiliated<\/span> or associated with the Complainant, when in fact they are not<\/span>. The <\/span>C<\/span>omplainant alleges<\/span> that the disputed domain names were registered to impersonate the Complainant for fraudulent purposes.<\/span><\/span><\/span><\/p>\n

RESPONDENT:<\/p>\n

No administratively compliant Response has been filed.<\/p>\n<\/div>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 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 are 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": [ "Peter Müller" ], "date_of_panel_decision": "2024-01-23 00:00:00", "informal_english_translation": "

The Complainant is, inter alia<\/em>, the owner of EU trademark registration no. 001909936 \"GOLA\", registered on March 22, 2002, in classes 18, 25, and 28 (hereinafter referred to as the \"Trademark\"). The Trademark clearly predates the registration dates of the disputed domain names.<\/span><\/p>", "decision_domains": { "golaaustraliasale.com": "TRANSFERRED", "golabelgique.com": "TRANSFERRED", "golabelgium.com ": "TRANSFERRED", "golabrasiloutlet.com": "TRANSFERRED", "golacanada.net ": "TRANSFERRED", "goladanmark.com": "TRANSFERRED", "golairelandstore.com": "TRANSFERRED", "golanederlandstore.com": "TRANSFERRED", "golanorge.com ": "TRANSFERRED", "golaportugalstore.com": "TRANSFERRED", "golaschweizsale.com": "TRANSFERRED", "golasouthafricaonline.com": "TRANSFERRED", "golasuisse.com": "TRANSFERRED", "golauk.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }