{ "case_number": "CAC-UDRP-107497", "time_of_filling": "2025-04-17 15:22:51", "domain_names": [ "vitamiwell.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "VITAMIN WELL AB" ], "complainant_representative": null, "respondent": [ " jiang wei wei" ], "respondent_representative": null, "factual_background": "

The Complainant is a market leader in the food and beverage business that develops, markets and sells premium products for health-conscious and active consumers. It was established in 2006 and is headquartered in Stockholm. In 2024, the Complainant had more than 600 employees and a revenue of around 650 million Euros.<\/p>\n

One of the Complainant’s core brands is VITAMIN WELL, which is developed as a healthier and tastier alternative to traditional sodas and sweet juices. It is available in over 40 markets, including Europe, the Middle East, North Africa, and some Asian countries.<\/p>", "other_legal_proceedings": "

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": "

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

No administratively compliant Response has been filed.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": "

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": "

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": "

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>\n

Language of the Proceeding<\/strong><\/p>\n

The language of the Registration Agreement for the disputed domain name is Chinese. Pursuant to the Uniform Domain Name Dispute Resolution Policy (the “Rules“), 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

 The Complaint was filed in English. The Complainant requested that the language of the proceedings be English since the disputed domain name consists of Roman characters, and the disputed domain name consists of two English words, “vitamin” (with the omission of the letter “n”) and “well”, which shows that the Respondent is familiar with the English language. The Complainant is located in Sweden and has no knowledge of the Chinese language. On the other hand, English is the primary language for international relations. Further, in order to proceed in Chinese, the Complainant would have to retain specialized translation services at a cost very likely to be higher than the overall cost of these proceedings. The use of Chinese in this case would therefore impose a burden on the Complainant which must be deemed significant in view of the low cost of these proceedings.<\/p>\n

The Respondent did not make any submissions with respect to the language of the proceeding. <\/p>\n

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 language\/script of the domain name particularly where the same as that of the complainant’s mark, unwarranted delay, and evidence showing that the respondent can understand the language of the complaint (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 4.5.1).<\/p>\n

Having considered the circumstances of this case including the composition of the disputed domain name which contains the English words “vitamin” and “well” (albeit “vitamin” is misspelt), the Panel determines under paragraph 11(a) of the Rules that the language of the proceeding shall be English. There does not appear to be any reason which warrants a delay and additional expense in ordering the Complainant to translate the Complaint.<\/p>", "decision": "Accepted", "panelists": [ "Francine Tan (Presiding Panelist)" ], "date_of_panel_decision": "2025-05-28 00:00:00", "informal_english_translation": "

The Complainant is the owner of various trademark registrations for VITAMIN WELL, including the following:<\/p>\n