{ "case_number": "CAC-UDRP-106678", "time_of_filling": "2024-07-15 10:02:44", "domain_names": [ "elfbarcanada.net", "elfbarargentina.com", "elfbarchile.com", "elfbarschweiz.com", "elfbarbelgie.com", "elfbarbelgique.com", "elfbarcolombia.com", "elfbardanmark.com", "elfbarfrance.com", "elfbarnorge.com", "elfbarperu.com", "elfbarslovenia.com", "elfbarsverige.com", "elfbaruae.com", "elfbarlietuva.com", "elfbarazerbaijan.com", "elfbarbulgaria.com", "elfbareesti.com", "elfbargreece.com", "elfbarisrael.com", "elfbarkuwait.com", "elfbarlatvija.com", "elfbarnz.com", "elfbarromania.com", "elfbarrussia.com", "elfbarsrbija.com", "elfbarsuomi.com", "elfbarhrvatska.com", "elfbarjapan.com", "elfbarkazakhstan.com", "elfbarnederland.com", "elfbarpolska.com", "elfbarsuisse.com", "elfbaruruguay.com", "elfbaraustralia.net", "elfbaraustria.net", "elfbarbrasil.net", "elfbarcz.net", "elfbardeutschland.net", "elfbaritalia.net", "elfbarmoldova.net", "elfbarportugal.net", "elfbarspain.net", "elfbarturkey.net", "elfbaruk.net", "elfbarukraine.net", "elfbarireland.com", "elfbarhungary.com", "elfbarmexico.com", "elfbarsouthafrica.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Imiracle(Shenzhen)Technology Co.,Ltd. " ], "complainant_representative": "Lei Zhang (Shenzhen Chofn Intellectual Property Agency Co, LTD. )", "respondent": [ "Zhang Qiang" ], "respondent_representative": null, "factual_background": "

The Complainant is a Chinese company that has been engaged since 2017 in the manufacture and sale of e-cigarettes and related goods and services. Since 2018 the Complainant has offered its products for sale under the ELFBAR brand which has become internationally well-known. The Complainant owns a series of trademarks under which it conducts its business including: (a)the European Union trademark No.018365272, registered on 19 May, 2021; and (b)the United Kingdom trademark No.UK00003646223, registered on 15 October 2021, (collectively \"the ELFBAR trademark\"). It has used the ELFBAR trademark for its official website at www.elfbar.com where it advertises and promotes its products.<\/p>\n

The Respondent registered all of the Disputed Domain Names on the same date, namely 27 March 2024 and it has caused them to resolve to separate websites where it advertises e-cigarettes and related products using the Complainant's ELFBAR trademark, giving the false impression that this has been done with the knowledge and consent of the Complainant, that the products are genuine products of the Complainant and that they are being offered for sale with the knowledge and consent of the Complainant, all of which the Complainant maintains is untrue. The Complainant is concerned about this conduct which it submits is clearly being engaged in for the commercial gain of the Respondent and to the detriment of the Complainant. Accordingly, the Complainant has instituted this proceeding to have the Disputed Domain Names transferred to itself.<\/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": "

COMPLAINANT<\/span><\/p>\n

The Complainant made the following contentions.<\/span><\/p>\n

    \n
  1. \n

    The Complainant is a Chinese company that has been engaged since 2017 in the manufacture and sale of e-cigarettes and related goods and services. Since 2018 it has offered its products for sale under the ELFBAR brand which has become internationally well-known. The Complainant has subsequently developed an extensive business in its products around the world.<\/p>\n<\/li>\n

  2. \n

    Its business has been developed by means of online and offline sales and through social media, leading to extensive sales, particularly in the United States.<\/p>\n<\/li>\n

  3. \n

    The Complainant owns, among others, the ELFBAR registered trademark referred to above.<\/p>\n<\/li>\n

  4. \n

    The Complainant has thus developed a high level of renown and popularity and its trademark, name and brand have become well-known and were well-known by the time the Respondent registered the Disputed Domain Names as hereafter appears.<\/p>\n<\/li>\n

  5. \n

    The Complainant owns, among others, the ELFBAR registered trademark referred to above.<\/p>\n<\/li>\n<\/ol>\n

          6. The Respondent registered the following domain names on the respective dates relating to each such domain name (collectively “the Disputed Domain Names”):<\/p>\n

    elfbarcanada.net , 27 March 2024; elfbarargentina.com, 27 March 2024; elfbarchile.com, 27 March 2024; elfbarschweiz.com,27 March 2024; elfbarbelgie.com, 27 March 2024; elfbarbelgique.com ,27 March 2024;         elfbarcolombia.com , 27  March 2024; elfbardanmark.com, 27 March 2024; elfbarfrance.com, 27 March 2024; elfbarnorge.com, 27 March 2024; elfbarperu.com, 27 March 2024; elfbarslovenia.com  27 March 2024; elfbarsverige.com    27 March 2024; elfbaruae.com, 27 March 2024; elfbarlietuva.com, 27 March 2024; elfbarazerbaijan.com, 27  March 2024; elfbarbulgaria.com, 27 March 2024; elfbareesti.com 27 March 2024; elfbargreece.com, 27 March 2024; elfbarisrael.com, 27 March 2024; elfbarkuwait.com, 27 March 2024; elfbarlatvija.com, 27 March 2024;  elfbarnz.com, 27 March 2024; elfbarromania.com, 27 March 2024; elfbarrussia.com, 27 March 2024; elfbarsrbija.com, 27 March 2024; elfbarsuomi.com, 27 March 2024; elfbarhrvatska.com, 27 March 2024; elfbarjapan.com, 27 March 2024; elfbarkazakhstan.com, 27 March 2024; elfbarnederland.com, 27 March 2024; elfbarpolska.com; 27 March 2024; elfbarsuisse.com, 27 March 2024; elfbaruruguay.com, 27 March 2024; elfbaraustralia.net, 27 March 2024; elfbaraustria.net, 27 March 2024; elfbarbrasil.net, 27 March 2024; elfbarcz.net , 27 March 2024; elfbardeutschland.net, 27 March 2024; elfbaritalia.net, 27 March 2024; elfbarmoldova.net,  27 March 2024; elfbarportugal.net, 27 March 2024; elfbarspain.net , 27 March 2024; elfbarturkey.net, 27 March 2024; elfbaruk.net, 27 March 2024; elfbarukraine.net, 27 March 2024; elfbarireland.com, 27 March 2024; elfbarhungary.com, 27 March 2024; elfbarmexico.com, 27 March 2024; elfbarsouthafrica.com, 27 March 2024.<\/p>\n

           <\/span><\/p>\n

    Each of the Disputed Domain Names consists of the Complainant’s ELFBAR trademark with a country name and\/or abbreviation which is a geographic indicator and the generic Top Level Domain “.com” or “.net”, none of which can negate a finding of confusing similarity between a domain name and a trademark.<\/p>\n

     <\/p>\n

    Each of the Disputed Domain Names is therefore confusingly similar to the ELFBAR trademark.<\/p>\n

     <\/p>\n

    The Respondent has caused each of the Disputed Domain Names to resolve to a separate website.<\/p>\n

     <\/p>\n

    The Respondent has no rights or legitimate interests in any of the Disputed Domain Names. In that regard, the Complainant must first establish a prima facie case and, if it is successful, the onus of proof reverts to the Respondent to disprove that case.<\/p>\n

     <\/p>\n

    The prima facie case in this proceeding is established by evidence that:<\/p>\n

                        (a) each of the Disputed Domain Names is so formulated that it misleads consumers into believing that there is an affiliation between the Complainant and the Respondent, which there is not;<\/p>\n

                        (b the websites to which the Respondent has caused each of the Disputed Domain Names to resolve purports to offer the Complainant’s e-cigarettes and related goods and services for sale and, by implication, with the knowledge and consent of the Complainant;<\/p>\n

                       (c) the Complainant has never authorized the Respondent to use the ELFBAR trademark in a domain name or by any other means;<\/p>\n

                       (d) the Respondent has never acquired any trademark or similar rights in ELFBAR or any similar term;<\/p>\n

                       (e) the Respondent is not commonly known by any of the Disputed Domain Names or any similar name;<\/p>\n

                       (f) the Respondent is not related to the Complainant in any way, and does not carry out any activity for, nor have any business with, the Respondent; and<\/p>\n

                       (g) there is no other ground on which it could conceivably be shown that the Respondent has a right or legitimate interest in any of the Disputed Domain Names.<\/p>\n

     <\/p>\n

    The Respondent has registered and used each of the Disputed Domain Names in bad faith. That is so because:<\/p>\n

                      (a) the Respondent had actual knowledge of the Complainant and its trademark prior to the registration of the Disputed Domain Names;<\/p>\n

                      (b) the Disputed Domain Names had acquired a high degree of distinctiveness prior to their registration;<\/p>\n

                      (c) the content of websites to which the Disputed Domain Names resolve is the same or similar to the content of the official website operated by the Complainant at www.elfbar.com, including the extensive use of the Complainant’s    trademark on those websites;<\/p>\n

                     (d) the Respondent could have registered a domain name that did not infringe the Complainant’s trademark rights, but it did not do so;<\/p>\n

                     (e) instead, the Respondent chose and registered a series of domain names that are confusingly similar to the Complainant’s trademark, which was an act of malice;<\/p>\n

                     (f) the Respondent has used the Disputed Domain Names so as to create a likelihood of confusion with the Complainant’s trademark within the meaning of paragraph 4(b)(iv) of the Policy); and<\/p>\n

                     (g) all of the acts, facts, matters and circumstances show that the Respondent has registered and used the Disputed Domain Names in bad faith.

    <\/p>\n

    RESPONDENT<\/p>\n

    The Respondent did not file a Response in this proceeding.<\/p>", "rights": "

    The Complainant has established by evidence, to the satisfaction of the Panel, that 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": "

    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": "

    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>", "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": [ "Neil Brown" ], "date_of_panel_decision": "2024-08-19 00:00:00", "informal_english_translation": "

    The Complainant has established by evidence that it is the owner of the following trademarks:<\/p>\n

    (a) the European Union trademark No.018365272, registered on 19 May, 2021;<\/p>\n

    (b) the United Kingdom trademark No.UK00003646223, registered on 15 October 2021;<\/p>", "decision_domains": { "elfbarcanada.net": "TRANSFERRED", "elfbarargentina.com": "TRANSFERRED", "elfbarchile.com": "TRANSFERRED", "elfbarschweiz.com": "TRANSFERRED", "elfbarbelgie.com": "TRANSFERRED", "elfbarbelgique.com": "TRANSFERRED", "elfbarcolombia.com": "TRANSFERRED", "elfbardanmark.com": "TRANSFERRED", "elfbarfrance.com": "TRANSFERRED", "elfbarnorge.com": "TRANSFERRED", "elfbarperu.com": "TRANSFERRED", "elfbarslovenia.com": "TRANSFERRED", "elfbarsverige.com": "TRANSFERRED", "elfbaruae.com": "TRANSFERRED", "elfbarlietuva.com": "TRANSFERRED", "elfbarazerbaijan.com": "TRANSFERRED", "elfbarbulgaria.com": "TRANSFERRED", "elfbareesti.com": "TRANSFERRED", "elfbargreece.com": "TRANSFERRED", "elfbarisrael.com": "TRANSFERRED", "elfbarkuwait.com": "TRANSFERRED", "elfbarlatvija.com": "TRANSFERRED", "elfbarnz.com": "TRANSFERRED", "elfbarromania.com": "TRANSFERRED", "elfbarrussia.com": "TRANSFERRED", "elfbarsrbija.com": "TRANSFERRED", "elfbarsuomi.com": "TRANSFERRED", "elfbarhrvatska.com": "TRANSFERRED", "elfbarjapan.com": "TRANSFERRED", "elfbarkazakhstan.com": "TRANSFERRED", "elfbarnederland.com": "TRANSFERRED", "elfbarpolska.com": "TRANSFERRED", "elfbarsuisse.com": "TRANSFERRED", "elfbaruruguay.com": "TRANSFERRED", "elfbaraustralia.net": "TRANSFERRED", "elfbaraustria.net": "TRANSFERRED", "elfbarbrasil.net": "TRANSFERRED", "elfbarcz.net": "TRANSFERRED", "elfbardeutschland.net": "TRANSFERRED", "elfbaritalia.net": "TRANSFERRED", "elfbarmoldova.net": "TRANSFERRED", "elfbarportugal.net": "TRANSFERRED", "elfbarspain.net": "TRANSFERRED", "elfbarturkey.net": "TRANSFERRED", "elfbaruk.net": "TRANSFERRED", "elfbarukraine.net": "TRANSFERRED", "elfbarireland.com": "TRANSFERRED", "elfbarhungary.com": "TRANSFERRED", "elfbarmexico.com": "TRANSFERRED", "elfbarsouthafrica.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }