{ "case_number": "CAC-UDRP-106265", "time_of_filling": "2024-02-20 09:38:02", "domain_names": [ "marstore.site", "marshallphilippines.online", "marstore.website" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Marshall Amplification plc " ], "complainant_representative": "Stobbs IP (Stobbs IP)", "respondent": [ "Nong Thi Le" ], "respondent_representative": null, "factual_background": "

The Complainant is an English company that is renowned for designing, amongst other products, music amplifiers, speaker cabinets, brands personal headphones and earphones, and, having acquired Natal Drums, drums and bongos.<\/p>\n

 <\/p>\n

The Complainant was founded in 1962 and initially incorporates (in 1964) as Jim Marshall (Products) Limited. In 1992, the Complainant changed its name to Marshall Amplification PLC.<\/p>\n

 <\/p>\n

The Complainant has gained a large customer and fan base due to their product lines. There is a vast amount of information through blogs, online articles, and music forums where the technicalities of the MARSHALL amplifiers are discussed.<\/p>\n

 The Respondent registered the disputed domain names <marstore.site> on May 25, 2023; <marshallphilippines.online> on June 14, 2023; <marstore.website> on June 11, 2023. The disputed  domain names <marstore.website> and <marshallphilippines.online> directs to an e-commerce site that uses Complainant’s branding and sells our Complainant’s products. The disputed domain name <marsore.site> is inactive.<\/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": "

The Complainant contends that the requirements of the Policy have been met and that the disputed domain names 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 <marshallphilippines.online> 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>\n

However, the Complainant has not, to the satisfaction of the Panel, shown the disputed domain names <marstore.website> and <marstore.site> 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 name <marshallphilippines.online>  (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 <marshallphilippines.online> 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": "Partially Accepted\/Partially Rejected", "panelists": [ "Nathalie Dreyfus" ], "date_of_panel_decision": "2024-04-02 00:00:00", "informal_english_translation": "

The Complainant has proved to own several trademark rights which can be traced back as early as 1984 such as MARSHALL, MARSHALL (stylized), MARSHALL HEADPHONES and MARSHALL AMPLIFICATION. Examples are listed below:<\/p>\n