{ "case_number": "CAC-UDRP-106121", "time_of_filling": "2024-01-05 09:45:01", "domain_names": [ "thewooblesus.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Low Tech Toy Club, LLC dba The Woobles" ], "complainant_representative": "Stobbs IP (Stobbs IP)", "respondent": [ "LinShan Jin" ], "respondent_representative": null, "factual_background": "

The Complainant is an innovative and educational consumer goods company. The Complainant’s beginner pre-made kits combine everything needed with digital tutorials to create a seamless experience for first-time crocheters.The Complainant was formed in 2019 with the simple belief that the company could make beginner crochet kits more accessible. After two years of rapid growth, the Complainant’s product range has grown to include collaborations with Bandai Namco Entertainment Inc. to product a range of officially licenced THE WOOBLES x PAC-MAN, Miffy, BT21, HARRY POTTER and Snoopy. <\/span><\/p>\n

The disputed domain name was registered on December 5, 2023. <\/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": "

The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/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 Complainant requests that the language of this administrative proceeding be English. Complainant makes this request in light of the potential Chinese language Registration Agreement of the disputed domain name involved at this Complaint.<\/p>\n

Pursuant to UDRP Rule 10(b): “In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.” Paragraph 10 of the UDRP Rules vests a Panel with authority to conduct the proceedings in a manner it considers appropriate while also ensuring both that the parties are treated with equality, and that each party is given a fair opportunity to present its case. UDRP panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement. Such scenarios were summarized into WIPO Jurisprudential Overview 3.0, 4.5.1. In this particular instance, the Complainant tried to request change of languages of proceedings in light of Chinese language Registration Agreement by showing that 1) the Complainant’s website is written entirely in English; 2) The suffix of the dispute domain name (“US”) and products offered on the Respondent’s offered in USD shows that the Respondent understands English; and 3) the translation of the Complaint would unfairly disadvantage and burden the Complainant and delay the proceedings and adjudication of this matter.<\/p>\n

In light of the scenarios and equity, the Panel is of the view that conducting the proceeding in English is unlikely to heavily burden the Respondent, and it is likely that the Respondent can understand the English language based on a preponderance of evidence test. Without further objection from the Respondent on the issue, the Panel will proceed to issue the decision in English.<\/p>", "decision": "Accepted", "panelists": [ "Carrie Shang" ], "date_of_panel_decision": "2024-02-12 00:00:00", "informal_english_translation": "

The Complainant is the registered proprietor US Federal trade mark 90041769 for THE WOOBLES [figurative].  The Registered Mark was registered 09 February 2021 in International Class 26 protecting knitting kits. The Complainant has an active online presence including owning the domain name <TheWoobles.com>, which is used as the Complainant’s main operating website at (https:\/\/thewoobles.com\/<\/a>), being live since at least as early as 26 June 2019. The Complainant is also active on social media and has generated a significant level of endorsement. <\/p>\n

The Respondent has not submitted any Response to identify any right associated with the current Complaint. <\/span><\/p>", "decision_domains": { "thewooblesus.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }