{ "case_number": "CAC-UDRP-106330", "time_of_filling": "2024-03-19 07:52:38", "domain_names": [ "burberrymail.site", "burberryceo.site", "burberrymail.shop", "burberrymail.space", "burberry-mail.shop" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Burberry Limited " ], "complainant_representative": "Coöperatie SNB-REACT U.A.", "respondent": [ "Marco Polo" ], "respondent_representative": null, "factual_background": "

As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:<\/span><\/p>\n

(a) <\/span>The Complainant's brand was founded in 1856 by Thomas Burberry and has since become a global fashion powerhouse, involved in the design, manufacture, advertising, distribution, and sale of high-quality apparel, bags, scarves, cosmetics, perfumes, glasses, and other accessories. Since 1856, Complainant has continuously used the BURBERRY word mark in connection with its products and services. Currently, the Complainant operates over 400 retail, outlet and concession locations around the world. Its merchandise is also sold in well-known department stores, boutiques, Burberry stores, online at Burberry.com, and in other Burberry-authorized retail establishments.<\/p>\n

(b) The Complainant owns the Complainant's Trademarks.<\/p>\n

(c) The Complainant has also registered the <burberry.com> domain name in 1997 a<\/span>s well as the <burberry.co.uk> domain name in 1999<\/span>. In total, Complainant operates e-commerce websites in over 27 countries.<\/span><\/p>\n

(d) No active website is operated under disputed domain names, most of them have active MX records and pay per click links scheme is operated under the disputed domain name <burberry-mail.shop>. Also e-mails were sent from disputed domain names <burberryceo.site> and <burberrymail.site> shortly after their registration. In both e-mails, the Respondent falsely claimed to be from Burberry and provided links to access Dropbox and Google Drive files containing, supposedly: contracts, promotional videos, and license agreements for potential collaboration. The recipients of said e-mails could only access the so-called package by entering the passwords Burberry24<\/em> and Burberry<\/em>. Presumably, the recipients were to sign the contract or license agreement, at which point the Respondent would have access to their personal data including even their signature. Alternatively, the Respondent sought to have Internet users download malware (which would also explain the password protection of the archive files, to prevent virus scanners on the aforementioned cloud services from immediately removing the files). Thus, the Respondent used the deliberate false association the disputed domain names convey with Complainant's Trademarks to send fraudulent e-mails for the assumed purpose of actively phishing for personal information or spreading malware.<\/span><\/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.<\/p>", "no_response_filed": "

THE COMPLAINANT:<\/p>\n

In addition to the above factual assertions, the Complainant also contends the following:<\/p>\n

(i) The disputed domain names are confusingly similar to Complainant’s Trademarks. They contain Complainant’s Trademark followed by a generic terms \"mail\" or \"ceo\", . Adding such non-distinctive terms does not diminish confusing similarity of the disputed domain names to Complainant's Trademarks.<\/span><\/p>\n

(ii) The Respondent is not affiliated with the Complainant nor authorized by it in any way to use Complainant’s Trademarks. The Respondent does not carry out any activity for, nor has any business with the Complainant. Neither license nor authorization has been granted by the Complainant to the Respondent to make any use of the Complainant’s Trademark or apply for registration of the disputed domain names. The Respondent does not operate any website under the disputed domain names and used some of the disputed domain names for fraudulent e-mail activities (as described above). Therefore, the Respondent has no rights or legitimate interest in respect of the disputed domain names.<\/span><\/p>\n

(iii) Given the distinctiveness of the Complainant's Trademarks and its reputation, it is reasonable to infer that the Respondent has registered the disputed domain names with full knowledge of the Complainant's Trademarks. It is not possible to conceive of any plausible actual or contemplated active use of such domain names by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. In fact, some of the disputed domain names have already been used for fraudulent e-mail activities. This amounts to bad faith in registration and use of the disputed domain names.<\/span><\/p>\n

For these reasons, the Complainant seeks transfer of disputed domain names to the Complainant.<\/span><\/p>", "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 Uniform Domain Name Dispute Resolution Policy (\"UDRP<\/strong>\" or \"Policy<\/strong>\")).<\/p>\n

\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/p>\n<\/div>", "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>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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": [ "Michal Matějka" ], "date_of_panel_decision": "2024-04-20 00:00:00", "informal_english_translation": "

The Complainant is the owner of many trademarks registered all around the world, including the following EU trademarks: <\/span><\/p>\n

    \n
  • word trademark BURBERRY, reg. no. 1058312, registration date 27 March 2000, in Nice classes 3 (perfumes), 18 (luggage, suitcases, bags) and 25 (clothing); and<\/li>\n
  • word trademark BURBERRY. reg. no. 2680460, registration date <\/span>31 July 2003, in Nice classes 9 (sunglasses, spectacles), 14 (watches, jewellery), and 16.<\/li>\n<\/ul>\n

    (\"Complainant's Trademarks<\/strong>\").<\/span><\/p>\n

    The disputed domain names were registered on the following dates:<\/span><\/p>\n

      \n
    • burberrymail.site - 15 January 2024;<\/span><\/li>\n
    • burberryceo.site - 13 January 2024;<\/span><\/li>\n
    • burberrymail.shop - 15 January 2024;<\/span><\/li>\n
    • burberrymail.space - 15 January 2024; and<\/span><\/li>\n
    • burberry-mail.shop - 13 February 2024.<\/span><\/li>\n<\/ul>", "decision_domains": { "burberrymail.site": "TRANSFERRED", "burberryceo.site": "TRANSFERRED", "burberrymail.shop": "TRANSFERRED", "burberrymail.space": "TRANSFERRED", "burberry-mail.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }