The Complainant is a Chinese video game development company founded in 2011 and specialized in the development of a wide range of game products including GENSHIN IMPACT, Honkai Impact 3rd, Tears of Themis, Honkai: Star Rail, and Zenless Zone Zero.<\/p>\n
With around 5.000 employees worldwide, over time the Complainant and its subsidiaries also launched the dynamic desktop software N0va Desktop and created a variety of products such as animations, comics, music, novels, and merchandise around its original creative concepts.<\/p>\n
The Complainant is committed to research and development, exploring cutting-edge technologies and accumulating world-leading technical capabilities in cartoon rendering, artificial intelligence, cloud gaming technology and other fields.<\/p>\n
GENSHIN IMPACT is an action role-playing game launched by the Complainant and its affiliates. It was released for Android, iOS, PlayStation 4, and Windows in 2020, and on PlayStation 5 in 2021. The game features an anime-style open-world environment and an action-based battle system using elemental magic and character-switching. The development of GENSHIN IMPACT began in 2017. The game has received positive reviews obtaining a gross revenue of more than $1 billion by the end of 2022.<\/p>\n
The Complainant is also the owner of domain names constituted by the verbal element GENSHIN IMPACT, the main one being <genshinimpact.com>, which was registered on June 7, 2019.<\/p>\n
The disputed domain name <shopaccgenshin24h.com> was registered on July 28, 2022, and resolves to a website in which visitors are offered to buy accounts or top-ups for the GENSHIN IMPACT game and other games of the Complainant. The website features several of the Complainant’s images, which have been slightly edited.<\/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": "
COMPLAINANT<\/p>\n
The Complainant contends that the disputed domain name <shopaccgenshin24h.com> is confusingly similar to the trademark GENSHIN IMPACT in which the Complainant has rights as it reproduces the most distinctive part of the trademark, GENSHIN, in its entirety, along with the non-distinctive elements “shop”, “24h” and “acc” (the latter of which purportedly refers to “accounts”), and the generic Top Level Domain (gTLD) “.com”.<\/p>\n
The Complainant submits that the Respondent has no rights or legitimate interests in the disputed domain name since: i) the Respondent is not commonly known by the disputed domain name; ii) the Complainant is in no way related to the Respondent iii) the Respondent has in no way been authorized or allowed by the Complainant to use the GENSHIN IMPACT mark in any way; iv) the Respondent has purposely failed to include a disclaimer on the website as to his lack of affiliation with the Complainant and v) the Respondent is not using the disputed domain name in connection with a bona fide<\/em> offering of goods or services, since he has intentionally chosen the disputed domain name, based on the Complainant’s trademark, in order to generate traffic and income through a commercial website which, via the use of the Complainant’s own content, implies a connection with the Complainant and its mark.<\/p>\n The Complainant claims that the Respondent registered the disputed domain name in bad faith because: i) the disputed domain name was registered after the Complainant’s registration of the trademark GENSHIN IMPACT, which is protected also in Vietnam; ii) it is clear that it is the fame and value of the GENSHIN IMPACT trademark that has motivated the Respondent to register the disputed domain name; and iii) since the disputed domain name resolves to a website which is partly copying the Complainant’s own content and is directly referring to the Complainant’s products and services, the Respondent was fully aware of the Complainant and its trademark.<\/p>\n The Complainant further submits that, by pointing the disputed domain name to a website reproducing the Complainant’s designs and images and likely aimed at obtaining money by selling GENSHIN IMPACT gaming accounts or top-ups to internet users, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his own website, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website.<\/p>\n The Complainant also states that it sent a take-down request of the Respondent’s website to the concerned hosting provider and asserts that, notwithstanding the fact that the Respondent presumably received copy of such communication, he opted to ignore the Complainant’s communication. <\/p>\n RESPONDENT<\/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 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": [
"Luca Barbero"
],
"date_of_panel_decision": "2024-05-30 00:00:00",
"informal_english_translation": " The Complainant has demonstrated ownership of rights in the trademark GENSHIN IMPACT for the purposes of standing to file a UDRP complaint.<\/p>\n The Complainant is the owner of trademark registrations for GENSHIN IMPACT, including the following, as per trademark registration details submitted as annexes 6.1 and 6.2 to the Complaint:<\/p>\n - International trademark registration No. 1652156 for GENSHIN IMPACT (word mark), registered on August 11, 2021, in classes 9, 14, 16, 20, 25, 35, 38, 41, 42 and 45;<\/p>\n - International trademark registration No. 1635794 for GENSHIN IMPACT (word mark), designating amongst others Vietnam, on August 11, 2021, in classes 9, 14, 16, 20, 25, 35, 38, 41, 42 and 45.<\/p>",
"decision_domains": {
"shopaccgenshin24h.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}