{
    "case_number": "CAC-UDRP-106803",
    "time_of_filling": "2024-08-20 13:25:44",
    "domain_names": [
        "mustijamirrifi.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Musti ja Mirri Oy"
    ],
    "complainant_representative": "Paula Sailas Partner, Lawyer, EU Trademark and Design Attorney (Berggren Oy)",
    "respondent": [
        "Cai Xue"
    ],
    "respondent_representative": null,
    "factual_background": "<p>I - The Complainant<\/p>\n<p><span>The Complainant, Musti ja Mirri, is a pet chain company active in the Nordic countries that offers products for pets and animals and their owners.<\/span><\/p>\n<p><span>II - The disputed domain name and the Respondent<\/span><\/p>\n<p>According to information received by the Complainant, the current Registrant and therefore the Respondent of this UDRP matter is Cai Xue. The disputed domain name was registered on 13 July, 2024.<\/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 name.<\/p>",
    "no_response_filed": "<p><b>COMPLAINANT<\/b><\/p>\n<p>The Complainant supports that the disputed domain name is confusingly similar to its prior trademarks since the sign \"MUSTIJAMIRRI\" is entirely comprised in the disputed domain name. The addition of the geographical element \"FI\" does not exclude the likelihood of confusion.<\/p>\n<p>The Complainant denies that the Respondent has any rights on the disputed domain name nor that the use of it amounts to a legitimate non-commercial use or a bona fide offering of goods and services for the purpose of the Policy.<\/p>\n<p>The Complainant contends that the disputed domain name was registered in bad faith as at the time of the registration the Respondent was certainly aware of the Complainant exclusive rights on the trademark MUSTIJAMIRRI. Furthermore, the use of the disputed domain name is considered in bad faith as the website to which &lt;mustijamirrifi.com&gt; redirected was confusingly similar to the Complainant's website and reproduced the Complainant's trademark used in the same field of business in which the Complainant is active.<\/p>\n<p><strong>RESPONDENT<\/strong><\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<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 name (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>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": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2024-09-24 00:00:00",
    "informal_english_translation": "<p>The Complainant proved to be the owner of the following trademark registrations:<\/p>\n<ul>\n<li>\n<p>MUSTI JA MIRRI, EU reg. no. 009367186, filed on 10 September 2010 and registered on 25 February, 2011 in classes 3, 5, 6, 7, 8, 9, 10, 14, 16, 18, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 35, 41, 44;<\/p>\n<\/li>\n<li>\n<p>(device), EU reg. no. 015099021, filed on 11 February 2016 and registered on 19 July, 2016 in classes 3, 5, 8, 9, 10, 11, 12, 16, 18, 20, 21, 24, 28, 31, 35, 39, 41, 43, 44, 45.<\/p>\n<\/li>\n<\/ul>",
    "decision_domains": {
        "mustijamirrifi.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}