The Complainant is a company whose business is focused on the beverage sector with annual sales exceeding RMB 4 billion. The Complainant was previously known by Inner Mongolia Bayi Beverage Factory.<\/p>\n
The disputed domain name was registered on July 27, 2024 and redirects to a website which copy paste Complainant´s trademark and other of its intellectual property rights impersonating the Complainant without authorization.<\/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 <\/p>\n
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
In particular, the Complainant contends that the disputed domain name is confusingly similar to DAYAO trademark since it is recognizable in it. By adding a word to DAYAO, in this case “drink”, the confusing similarity is met. Furthermore, the addition of a generic word as “drink” the Respondent does not achieve a secondary meaning, and the disputed domain name produces even more confusing similarity.<\/p>\n
The Complainant also contends that that the Respondent does not meet any of the circumstances depicted in paragraph 4(a)(ii) of the UDRP. Indeed, the Respondent has not been authorized use its marks or to apply for domain name using them. Further, there is no evidence that the Respondent is the owner of a trademark for “dayaodrink”, neither the Respondent is commonly known by the disputed domain name since it differs from the Whois data provided by the Registrar.<\/p>\n
Furthermore, Respondent´s use of the disputed domain name confirms the lack of rights or legitimate interests. It is clear for the Respondent that the disputed domain name is used in an attempt to impersonate the Complainant.<\/p>\n
With reference to the third requirement the Complainant alleges that the Respondent was aware of the existence of the Complainant's DAYAO trademark prior to the registration of the disputed domain name based on the distinctiveness of the mark and the redirection of the disputed domain name to a web that impersonates the Complainant.<\/p>\n
The Complainant asserts that the Respondent is using the disputed domain name intentionally to attempt to attract, for commercial gain, Internauts to his web site by creating a likelihood of confusion with Complainant's trademark as to the source, sponsorship, affiliation or endorsement of his web site in terms as set up in paragraph 4(b)(iv) of the Policy. This, says the Complainant, amounts to registration and use in bad faith.<\/p>\n
THE RESPONDENT<\/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 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": "
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>", "decision": "Accepted", "panelists": [ "Manuel Moreno-Torres" ], "date_of_panel_decision": "2025-07-16 00:00:00", "informal_english_translation": "
The Complainant is the owner of DAYAO trademark before the China National Intellectual Property Administration, with registration number 12569035, filed May 13, 2013 and registered on March 28, 2015.<\/p>\n
The Complainant also holds an International trademark registration for DAYAO SINCE 1983 with registration number 1747793, registered on June 13, 2023.<\/p>\n
The Panel recognizes the distinctive and well-known character of Complainant´s DAYAO trademark.<\/p>", "decision_domains": { "dayaodrink.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }