{ "case_number": "CAC-UDRP-106523", "time_of_filling": "2024-05-27 09:13:13", "domain_names": [ "zoomlion-rus.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Zoomlion Heavy Industry Science and Technology Co., Ltd." ], "complainant_representative": "Lei Zhang (Chofn Intellectual Property)", "respondent": [ "Artem Vayntraub" ], "respondent_representative": null, "factual_background": "

The Complainant was founded in 1992. It develops and manufactures high-tech equipment such as engineering machinery and agriculture machinery, as well as new types of construction materials. In 2009, the Complainant’s ZOOMLION trademark was recognised as a well-known trademark in China. The Complainant has been included in the list of Fortune China’s top 500 companies since 2010.<\/span><\/p>\n

The Complainant is the owner of the domain name <zoomlion.com>, registered on 29 June 2001. <\/span><\/p>\n

The disputed domain name <zoomlion-rus.com> was registered on 24 September 2021. It currently resolves to a Russian language online shop that offers the Complainant’s ZOOMLION products.<\/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": "

COMPLAINANT:<\/p>\n

The Complainant submits that the disputed domain name is confusingly similar to its ZOOMLION trademark, as it incorporates the trademark entirely, and the addition of the sequence “rus” (abbreviation for “Russian”) is not sufficient to escape the confusing similarity to the ZOOMLION trademark.<\/span><\/p>\n

According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it is not commonly known by it, has no relevant trademark rights, and is not related to the Complainant or authorized by it to register and use a domain name that includes the ZOOMLION trademark. The Complainant maintains that the Respondent’s use of the disputed domain name is not fair, because it reflects an intent to trade on the reputation of the Complainant’s trademark and falsely suggests to Internet users that the associated website belongs to or is affiliated with the Complainant.<\/span><\/p>\n

The Complainant states that the disputed domain name was registered and is being used in bad faith. It claims that its ZOOMLION trademark had already achieved a high level of global recognition at the time when the Respondent registered the disputed domain name, so it must have had knowledge of the trademark at this time. The Complainant adds that the Respondent’s knowledge is confirmed by the fact that the Respondent’s website has the same content as the Complainant’s official website.<\/span><\/p>\n

The Complainant notes that the website at the disputed domain name is related to the Complainant’s business and features the ZOOMLION trademark. According to the Complainant, this shows that the Respondent uses the disputed domain name to intentionally attempt to attract, for commercial gain, Internet users to the Respondent’s website by creating a likelihood of confusion with the ZOOMLION trademark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or of the products and services offered there.<\/span><\/p>\n

 <\/span><\/p>\n

RESPONDENT:<\/p>\n

The Respondent did not submit a Response in this proceeding.<\/span><\/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": "

Language of the proceeding<\/span><\/p>\n

The language of the Registration Agreement for the disputed domain name is Russian.  Pursuant to the Rules, paragraph 11(a), in the absence of an agreement between the parties, or unless specified otherwise in the registration agreement, the language of the administrative proceeding shall be the language of the registration agreement, subject to the authority of the Panel to determine otherwise.<\/span><\/p>\n

In exercising its discretion to use a language other than that of the registration agreement, the Panel has to exercise such discretion judicially in the spirit of fairness and justice to both parties, taking into account all relevant circumstances of the case, including matters such as the parties’ ability to understand and use the proposed language, time and costs (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 4.5.1).<\/span><\/p>\n

The Complainant requests that the language of the present administrative proceeding to be English. The Respondent has not taken any position on this issue and has otherwise remained inactive throughout the proceeding. The Respondent was informed about the proceedings in Russian language and also accessed the online case file on June 20, 2024, but never replied nor requested translations.<\/p>\n

Having considered the above, the Panel decides that it is more likely than not that the Respondent would not be prejudiced if the language of the administrative proceeding was English, and that using this language would contribute to the efficiency of the proceeding. On this basis, the Panel decides that the language of the administrative proceeding shall be English.<\/span><\/p>\n

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": [ "Assen Alexiev" ], "date_of_panel_decision": "2024-06-24 00:00:00", "informal_english_translation": "

The Complainant is the owner of a number of trademark registrations for “ZOOMLION” (the ”ZOOMLION trademark”), including the following:<\/span><\/p>\n

- the Russian trademark ZOOMLION with registration No. 364793, registered on 14 November 2008 for goods in International Class 7; and<\/span><\/p>\n

- the Russian trademark ZOOMLION with registration No. 374761, registered on 18 March 2009 for goods in International Class 12.<\/span><\/p>", "decision_domains": { "zoomlion-rus.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }