{
    "case_number": "CAC-UDRP-107608",
    "time_of_filling": "2025-05-22 15:44:51",
    "domain_names": [
        "electroluxchile.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "AB Electrolux "
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        " cesar  carhuancota ( cesar carhuancota)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a Swedish joint stock company founded in 1901 and it is producer of appliances and equipment for kitchen, cleaning products and floor care products. In 1910, initially Electrolux was incorporated as Elektromekaniska AB. In 1919, Elektromekaniska AB merged with Swedish AB Lux, and Aktiebolaget Electrolux (the Complainant) was established.<\/p>\n<p>The Complainant&rsquo;s ELECTROLUX trademark is used today in connection with kitchen and cleaning appliances for both consumers and professional users. The company sells approximately 60 million household products in approximately 120 markets every year. In 2020, the Complainant had about 55,000 employees, and its sales amounted to USD 14.15 billion.<\/p>\n<p>The disputed domain name &lt;electroluxchile.com&gt; was registered on May 2, 2025, and <span>it previously resolved to ELECTROLUX website in Spanish, which impersonates the Complainant and which contains web shop where various products of the Complainant are offered for sale at discounted prices. <\/span><span>At the time of this decision, the disputed domain name resolves to an inactive page.<\/span><\/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>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>In particular, the Complainant argues that the disputed domain name is confusingly similar to its ELECTROLUX trademark as this trademark is contained in its entirety within the disputed domain name. Further, the Complainant contends that \".com\" gTLD does not differentiate the disputed domain name from ELECTROLUX trademark.<\/p>\n<p>Regarding the second UDRP element, the Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name.&nbsp;The Respondent is not affiliated with\/authorized by the Complainant in any way to make use of the ELECTROLUX trademark.&nbsp;The Respondent is also not commonly known by the disputed domain name. The Respondent has used the disputed domain name for a website that impersonates Complainant which cannot be considered as use in connection with a <em>bona fide <\/em>offering of goods or services.<\/p>\n<p>With respect to the third UDRP element, the Complainant holds that its ELECTROLUX trademark is well-known and that the Respondent has registered the disputed domain name with actual knowledge of the Complainant's trademark. The fact that the disputed domain name was used for a website that impersonates the Complainant clearly indicates the Respondent's awareness of the Complainant and its ELECTROLUX trademark. Such use of the disputed domain name also clearly demonstrates bad faith on the Respondent's side. Finally, the Complainant underlines that registration of identical or confusingly similar domain name that is connected with a particular trademark owned by an entity with no connection with the trademark owner is indicative of opportunistic bad faith, as understood in the Policy.<\/p>\n<p>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": [
        "Stefan Bojovic"
    ],
    "date_of_panel_decision": "2025-07-06 00:00:00",
    "informal_english_translation": "<p>The Complainant has demonstrated ownership of rights in the trademark ELECTROLUX for the purposes of standing to file a UDRP complaint.<\/p>\n<div>\n<div>\n<p><span>In particular, the Complainant is the owner of a number of trademark registrations for ELECTROLUX throughout the world, including the following:<\/span><\/p>\n<ul>\n<li><span>International trademark registration No. 836605 for ELECTROLUX (word\/device), registered on March 17, 2004;<\/span><\/li>\n<li><span>Chilean trademark registration No. 1014847 for ELECTROLUX, registered on February 24, 2013.<\/span><\/li>\n<\/ul>\n<p><span>The Complainant also refers to ownership over the various domain names that incorporate its ELECTROLUX trademark, such as &lt;electrolux.com&gt;, registered on April 30, 1996 and &lt;electrolux.cl&gt;, registered on April 8, 1997.<\/span><\/p>\n<\/div>\n<\/div>",
    "decision_domains": {
        "electroluxchile.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}