{
    "case_number": "CAC-UDRP-106873",
    "time_of_filling": "2024-10-09 14:23:50",
    "domain_names": [
        "thebaerskin.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Global Innovation Ventures AG"
    ],
    "complainant_representative": "JUDr. Igor Demčák (Trama Legal s.r.o.)",
    "respondent": [
        "Terry Ly"
    ],
    "respondent_representative": null,
    "factual_background": "<p>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n<p>The Complainant provided evidence that it is the registered owner of the Trademarks.<\/p>",
    "other_legal_proceedings": "<p>The P<\/p>\n<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>The Complainant contends that the requirements of the Policy have been met and that the Disputed Domain Name should be transferred to it.<\/p>\n<p><br \/>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": [
        "Bart Van Besien"
    ],
    "date_of_panel_decision": "2024-11-15 00:00:00",
    "informal_english_translation": "<p>The Complainant submitted evidence that it is the owner of the following trademarks:<\/p>\n<ul>\n<li>The US wordmark &ldquo;BAERSKIN&rdquo;, registration number 6879944, filed on January, 18, 2022, registered on October 18, 2022, in class 25;<\/li>\n<li>This Trademark has been registered by the legal entity &ldquo;Digital Innovation Ventures GmbH&rdquo;. However, the Complainant has shown that this was the prior name of the Complainant;<\/li>\n<li>The US combined mark &ldquo;BAERSkin&rdquo;, registration number 7 499 380, filed on August 22, 2023, registered on September 10, 2024, in classes 5 and 25;<\/li>\n<li>The Swiss combined mark &ldquo;BAERSkin&rdquo;, trademark number 819456, filed on July, 22, 204, registered on August, 30, 2024, in classes 5 and 25;<\/li>\n<\/ul>\n<p>Hereinafter the &ldquo;<strong>Trademark<\/strong>&rdquo; or the &ldquo;<strong>Trademarks<\/strong>&rdquo;.<\/p>\n<p>The Complainant also submitted evidence that it filed the following trademark applications:<\/p>\n<ul>\n<li>The EU combined mark &ldquo;BAERSkin&rdquo;, application number 019056352, filed on July 18, 2024, in classes 5 and 25;<\/li>\n<li>The UK combined mark &ldquo;BAERSkin&rdquo;, trademark number UK00004077110, filed on July 18, 2024, in classes 5 and 25;<\/li>\n<li>The Australian combined mark &ldquo;BAERSkin&rdquo;, trademark number 2467451, filed on July, 19, 2024, in classes 5 and 25;<\/li>\n<li>The Canadian combined mark &ldquo;BAERSkin&rdquo;, application number 2339416, filed on July, 19, 2024, in classes 5 and 25;<\/li>\n<li>The New Zealand combined mark &ldquo;BAERSkin&rdquo;, trademark number 1269488, filed on July, 23, 2024, in classes 5 and 25.<\/li>\n<\/ul>\n<p>However, pending trademark applications do not by themselves establish trademark rights and shall therefore not be considered by the Panel (see WIPO Overview 3.0, 1.1).<\/p>\n<p>The Complainant also claims to be the owner of 43 domain names containing the words &ldquo;BAERSkin&rdquo; or &ldquo;BAER&rdquo;. However, since the Complainant does not provide evidence thereof, this shall not be considered by the Panel.<\/p>",
    "decision_domains": {
        "thebaerskin.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}