{ "case_number": "CAC-UDRP-107034", "time_of_filling": "2024-11-07 09:35:39", "domain_names": [ "zohosys.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Zoho Corporation Private Limited" ], "complainant_representative": "Abion GmbH", "respondent": [ "Gaurav Kumar, Apagen" ], "respondent_representative": null, "factual_background": "

A<\/strong>. Complainant<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Complainant, established in India, is recognised as a global provider of business software, founded in 1996 as AdventNet Inc. and rebranded in 2009 as Zoho Corporation Private Limited.  The Complainant offers a comprehensive range of software solutions for business operations, including finance, marketing, HR, and project management.<\/p>\n

Key milestones include the launch of 'Zoho Virtual Office' in 2004, 'Zoho Writer' in 2005, and the achievement of 100 million users in 2023. The Complainant operates globally, employing over 15,000 staff across multiple locations.  <\/p>\n

B<\/strong>. Respondent<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Respondent has failed to submit a Respondent in this UDRP administrative proceeding, leaving the Complainant's allegations uncontested.<\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or decided legal proceedings concerning the domain name <zohosys.com> ('the disputed domain name').<\/p>", "no_response_filed": "

A<\/strong>. Complainant<\/strong>'s Submissions<\/strong><\/p>\n

The Complainant's contentions are as follows:<\/p>\n

A<\/strong>.1 The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The disputed domain name <zohosys.com> incorporates the entirety of the Complainant's well-known trade mark ZOHO, alongside the descriptive term 'sys', suggesting 'system'. The inclusion of 'sys' does not dimmish the confusing similarity to the trade mark ZOHO. Furthermore, the generic Top-Level Domain ('the TLD') <.com> is disregarded in determining confusion. Thus, the disputed domain name is deemed confusingly similar to the Complainant's trade mark.<\/p>\n

A<\/strong>.2 The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The disputed domain name was registered post-dating the Complainant's trade mark. The Respondent has no affiliation or authorisation from the Complainant, and trade mark databases and Internet searches reveal no legitimate use associated with the disputed domain name. The absence of bona fide<\/em> offerings and the presence of misleading elements on the website at the disputed domain name further support this finding, in line with paragraph 4(a)(ii) and paragraph 4(c) of the UDRP Policy.<\/p>\n

A<\/strong>.3 The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

A.3.1 Bad faith registration<\/strong><\/p>\n

The Respondent registered the disputed domain name with knowledge of the established ZOHO trade mark. Given the Respondent's location in India, it is evident that the intention behind the registration was to create confusion, indicating bad faith.<\/p>\n

A.3.2 Bad faith use<\/strong><\/p>\n

The Respondent's website closely mimics the Complainant's branding, misleading users about its affiliation (paragraph 4(b)(iv) of the UDRP Policy). Additionally, unauthorised emails dispatched from the disputed domain name to the Complainant's partners solicit business and further entrench these deceptive practices for commercial gain.<\/p>\n

Furthermore, the Respondent appears to have registered the domain name <gnu-health.com>, which closely resembles the domain name <gnuhealth.com>, operated by a not-for-profit organisation. The Respondent has previously been involved in a separate UDRP case (Society for Human Resources Management v Gaurav Kumar<\/em>, WIPO Case No. D2021-0673). This establishes a pattern of registering domain names that infringe upon trade mark rights, underscoring bad faith registration and use (paragraph 4(b)(ii) of the UDRP Policy).<\/p>\n

In summary, the Respondent's actions clearly fall within paragraph 4(a)(iii) of the UDRP Policy, substantiating bad faith in the registration and use of the disputed domain name.<\/p>\n

B<\/strong>. Respondent<\/strong>’s Submissions<\/strong><\/p>\n

The Respondent's default in this UDRP administrative proceeding has resulted in the failure to advance any substantive case on the merits.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP Policy).<\/p>", "procedural_factors": "

The Panel is satisfied that all procedural requirements under UDRP have been duly met, with no grounds preventing a decision from being issued. <\/p>", "decision": "Accepted", "panelists": [ "Yana Zhou" ], "date_of_panel_decision": "2024-12-17 00:00:00", "informal_english_translation": "

The Complainant, Zoho Corporation Private Limited, asserts rights to the following registered trade marks, among others:<\/p>\n

• <\/span>International trade mark registration no. 929558, registered on 19 June 2007, for the mark ZOHO, in class 42 of the Nice Classification;<\/p>\n

• <\/span>Indian trade mark registration no. 5088211, registered on 14 August 2021, for the mark ZOHO, in class 9 of the Nice Classification; and<\/p>\n

• <\/span>Indian trade mark registration no. 5931493, registered on 10 May 2023, for the mark ZOHO, in class 42 of the Nice Classification.<\/p>\n

These trade marks shall collectively be referred to as 'the Complainant's trade mark'. The Complainant maintains a robust online presence via <zoho.com>, established in 2004, and various social media platforms.<\/p>\n

The disputed domain name <zohosys.com> was registered on 4 September 2024 and does not currently resolve to an active website.<\/p>", "decision_domains": { "zohosys.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }