{
    "case_number": "CAC-UDRP-107385",
    "time_of_filling": "2025-03-17 09:53:39",
    "domain_names": [
        "GEEKBARC.COM"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Guangdong Qisitech CO., LTD."
    ],
    "complainant_representative": "Lei Zhang (Chofn Intellectual Property)",
    "respondent": [
        "Xiao Chun Liu"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant was established in 2015 and states that its GEEK BAR brand is one of the most popular lines of disposable vapes available on the market. The products offered under the GEEK BAR mark include Complainant's Pulse series, Geek Bar Skyview, and Geek Bar Wondar. The Complainant&rsquo;s products use dual-core technology, and other technologies resulting in larger capacities, long lasting use, and more durable products, which makes its products highly competitive in the market.<\/p>\n<p>The Complainant states it employs over 100 senior engineers in its R&amp;D department, and has spent &pound;120 million on a new production facility in Guangdong, China, which will be expected to be completed within two years&rsquo; time.<\/p>\n<p>The Complainant has a strong online presence, and states that it uses a large number of influencers. &nbsp;<\/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>No administratively compliant Response has been filed.<\/b>&nbsp;<\/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>Language of the Proceeding<\/p>\n<p>The language of the Registration Agreement for the disputed domain name is Chinese.&nbsp; Pursuant to the Uniform Domain Name Dispute Resolution Policy (the &ldquo;Rules&ldquo;), paragraph 11(a), in the absence of an agreement between the parties, or unless specified otherwise in the registration agreement, the language of the administrative proceeding shall be the language of the registration agreement.<\/p>\n<p>The Complaint was filed in English and the Complainant requested that the language of the proceeding and the decision be English.&nbsp; The Panel decided that the language of the proceeding be English for several reasons, including the fact that:-<\/p>\n<p>&nbsp;(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The disputed domain name does not consist of words in the Chinese language.<\/p>\n<p>(ii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The disputed domain name contains the English terms &ldquo;geek&rdquo; and &ldquo;bar&rdquo;.<\/p>\n<p>(iii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; All the evidence filed in this case was filed in the English language.<\/p>\n<p>(iv) &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Registration Agreement does not indicate which language shall be used as between the parties in case of a dispute.<\/p>\n<p>(iv)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The disputed domain name resolves to a webpage showing a single word in the English language.<\/p>\n<p>The Respondent did not make any specific submissions with respect to the language of the proceeding.<\/p>\n<p>In exercising its discretion to use a language other than that of the registration agreement, the Panel has to exercise such discretion judicially in the spirit of fairness and justice to both parties, taking into account all relevant circumstances of the case, including matters such as the parties&rsquo; ability to understand and use the proposed language, time and costs (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (&ldquo;WIPO Overview 3.0&rdquo;), section 4.5.1).<\/p>\n<p>Having considered all the matters above, the Panel determines under paragraph 11(a) of the Rules that the language of the proceeding shall be English.<\/p>\n<p>&nbsp;Other Procedural Factors<\/p>\n<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": [
        "Jonathan Agmon"
    ],
    "date_of_panel_decision": "2025-05-01 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the following trademark registrations:-<\/p>\n<p>* International trademark registration No. 1676896 for GEEK BAR, registered on June 8, 2022;<\/p>\n<p>&nbsp;* United States trademark registration No. 6275589 for GEEK BAR, registered on February 23, 2021;<\/p>\n<p>&nbsp;* European Union trademark registration No. 018225081 for GEEK BAR, registered on August 26, 2020;<\/p>\n<p>&nbsp;* China trademark registration No. 45380452 for GEEK BAR, registered on January 7, 2021.<\/p>\n<p><\/p>\n<p>The Complainant&rsquo;s official domain name is &lt;geekbar.com&gt;, registered on 30 September 2006.&nbsp;<\/p>\n<p>The disputed domain name was registered on August 25, 2024, and at the time of filing the Complaint, resolved to an inactive webpage.<\/p>",
    "decision_domains": {
        "GEEKBARC.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}