{
    "case_number": "CAC-UDRP-107028",
    "time_of_filling": "2024-11-11 09:50:18",
    "domain_names": [
        "klingxai.com",
        "klingdow.com",
        "klingxai.xyz",
        "klings-ai.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Beijing Dajia Internet Information Technology Co., Ltd.",
        "Beijing Kuaishou Technology Co., Ltd."
    ],
    "complainant_representative": "Lei Zhang (Chofn Intellectual Property)",
    "respondent": [
        "Phan Van Thuong"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The 1<sup>st<\/sup> Complainant, established in 2014 is an &ldquo;indirect wholly-owned subsidiary&rdquo; of the 2<sup>nd<\/sup> Complainant (collectively, the &ldquo;Complainants&rdquo;). The Complainants are technology companies in the artificial intelligence, big data analysis, and audio- visual video technology industry. The Complainants state that Kling is a large model of video generation model developed by the 2<sup>nd<\/sup> Complainant&rsquo;s AI team, with powerful video generation capabilities, allowing users to easily complete artistic video creation. They state that due to their large user base, KLING has been widely noticed by both the industry and the public since its launch date on June 6, 2024, with extensive media coverage.<\/p>\n<p>The Complainants own and operates in official domain names, &lt;kling.kuaishou.com&gt; and &lt;kilingai.com&gt;, of which, the latter was registered on March 26, 2024.<\/p>\n<p>The Respondent is Phan Van Thuong of 54\/4 Qui The, HCM, HCM, 700000, Vietnam.<\/p>\n<p>The disputed domain names registered by the Respondent are:<\/p>\n<ul>\n<li>&lt;klingxai.com&gt;, registered on September 19, 2024;<\/li>\n<li>&lt;klingdow.com&gt;, registered on September 29, 2024;<\/li>\n<li>&lt;klingxai.xyz&gt;, registered on September 19, 2024; and<\/li>\n<li>&lt;klings-ai.com&gt;, registered on October 17, 2024.<\/li>\n<\/ul>\n<p>At the time of filing the Complaint, the disputed domain names resolved to various web pages, one of which resembles the Complainants&rsquo; official websites (<a href=\"http:\/\/www.klingxai.com\">www.klingxai.com<\/a> and <a href=\"http:\/\/www.kling.kuaishou.com\">www.kling.kuaishou.com<\/a> ), while others returned a 404 error (&lt;kingxai.xyz&gt;), or showed a picture of a woman (&lt;klingdow.com&gt;), or to a CAPTCHA verification page (&lt;klings-ai.com&gt;).<\/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>&nbsp;No administratively compliant Response has been filed.&nbsp;<\/p>\n<p><br \/>The Complainants contend that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/p>\n<p><br \/>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>The Complainants have, to the satisfaction of the Panel, shown the disputed domain names are confusingly similar to a trademark or service mark in which the Complainants have rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
    "no_rights_or_legitimate_interests": "<p>The Complainants have, 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 Complainants have, 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": "<p>LANGUAGE OF THE PROCEEDINGS<\/p>\n<p>The language of the registration agreements is Vietnamese.<\/p>\n<p>The Complainants requested that the language of proceedings shall be in English. The reasons provided are that:<\/p>\n<ul>\n<li>Although the disputed domain name Registrar is located in Vietnam, the Registrar provided an English interface for users to choose from and an English version of the registration agreement;<\/li>\n<li>The web pages to which the disputed domain names resolve are in English, which indicates that the Respondent has the ability to read and write in English and can understand the Complaint and its attachments;<\/li>\n<li>If the language of the proceedings were to be in Vietnamese, the Complainants will have to bear a great burden of translation. On the other hand, English is an international language.<\/li>\n<\/ul>\n<p>Having considered all circumstances of the case and points made by the Complainants, the Panel determines that it would be fair and equitable to all parties for the language of the proceedings to be English. The Respondent could have voiced his\/her objections but did not and therefore the Panel does not see any merit in placing a costly burden on the Complainants to incur the costs of translation into Vietnamese, which would also delay the administrative proceeding.<\/p>\n<p>The Panel is satisfied that all other procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision in English.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Francine Tan"
    ],
    "date_of_panel_decision": "2025-01-11 00:00:00",
    "informal_english_translation": "<p>The 1<sup>st<\/sup> Complainant states that it holds exclusive and prior rights to the KLING trade mark in China and the United Kingdom. It produced registrations certificates for these marks:<\/p>\n<ol>\n<li>United Kingdom trademark registration No. UK00004072097 for KLING, registered on July 5, 2024;<\/li>\n<li>China trademark registration No. 77360350 for kwai k-ling, registered on September 7, 2024;<\/li>\n<li>China trademark registration No. 77365633 for kwai k-ling, registered on September 7, 2024; and<\/li>\n<li>China trademark registration No. 77376398A for k-ling, registered on September 28, 2024.<\/li>\n<\/ol>",
    "decision_domains": {
        "klingxai.com": "TRANSFERRED",
        "klingdow.com": "TRANSFERRED",
        "klingxai.xyz": "TRANSFERRED",
        "klings-ai.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}