{
    "case_number": "CAC-UDRP-106506",
    "time_of_filling": "2024-05-09 09:22:37",
    "domain_names": [
        "GrafWerkzeug.com",
        "VerkaufGraf.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Otto Graf GmbH"
    ],
    "complainant_representative": "Mark Peters LL.M. (Grünecker Patent und Rechtsanwälte PartG mbB)",
    "respondent": [
        "Lu Qiusheng",
        "Ye Xiuping"
    ],
    "respondent_representative": null,
    "factual_background": "<p>Complainant is one of the leading vendors in the field of rainwater utilisation systems in Germany. Founded in 1962, Complainant's products also include the \"Carat\", \"Platin\" and \"Herkules\" rainwater tanks or water pumps as the \"Jet 700\", which Complainant sells very successfully in Germany and more than 80 countries across the globe, including via specialist retailers and online.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>",
    "rights": "<p>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 Policy).<\/p>",
    "no_rights_or_legitimate_interests": "<p>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>",
    "bad_faith": "<p>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": "<p>CONSOLIDATION REQUEST<\/p>\n<p>The Panel notes that the Complaint has been brought by one complainant against two respondents.<\/p>\n<p>Having considered all circumstances of the case, the Panel has decided that it would be fair and equitable to all parties to allow the consolidation of proceedings as:<\/p>\n<p>- both disputed domain names were registered on the same day;<\/p>\n<p>- both disputed domain names utilise the same Registrar and privacy service;<\/p>\n<p>- both Respondents&rsquo; e-mail addresses are from the same e-mail domain; and<\/p>\n<p>- both disputed domain names are highly similar and have similar offerings and prices.<br \/><br \/><\/p>\n<p>LANGUAGE OF THE PROCEEDINGS<\/p>\n<p>The language of the registration agreement is Chinese.<\/p>\n<p>The Complainant has requested that the language of proceedings by English.<\/p>\n<p>Having considered all circumstances of the case, the Panel has decided that it would be fair and equitable to all parties to have the language of the proceedings be English.<\/p>\n<ul>\n<li>English is the language of the CAC.<\/li>\n<li>The content of both disputed domain names is available in German, while the registration agreement is in Chinese, which is an indication that the Respondents operate in the International market, and understand either English or German.<\/li>\n<li>The Respondent did not object to the request for the change of language,<\/li>\n<\/ul>\n<p>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": [
        "Jonathan Agmon"
    ],
    "date_of_panel_decision": "2024-06-25 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of various trademark registrations for &ldquo;GRAF&rdquo;, including the following:<\/p>\n<p>- Germany trademark registration no. 2072850 for GRAF (stylized), registered on 12 September 1992;<\/p>\n<p>- European Union trademark registration no. 006171292 for GRAF (stylized), registered on 6 August 2007;<\/p>\n<p>- United States trademark registration no. 85331857 for GRAF, registered on 26 May 2011;<\/p>\n<p>- China trademark registration no. 13403968 for GRAF, registered on 22 October 2023.<br \/><br \/><\/p>\n<p>The Complainants primary domain name is &lt;graf.info&gt;.<\/p>\n<p>&nbsp;<\/p>\n<p>The disputed domain names were registered on:<\/p>\n<p>&lt;grafwerkzeug.com&gt;, 27 January 2024;<\/p>\n<p>&lt;verkaufgraf.com&gt;, 27 January 2024.<br \/><br \/><\/p>\n<p>Currently, the disputed domain names resolve to webpages mimicking the Complainant&rsquo;s website, displaying the Complainant&rsquo;s GRAF trademark, and offering goods competing with the Complainant&rsquo;s own products at a discount. <br \/><br \/><\/p>",
    "decision_domains": {
        "GrafWerkzeug.com": "TRANSFERRED",
        "VerkaufGraf.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}