The Complainant was founded in 1992. It is a Chinese construction and agricultural machinery manufacturer. The Complainant claims to be the China’s largest and the world’s fifth largest construction machinery enterprise. It has been included in the list of Fortune China’s top 500 companies since 2010. The Complainant operates its official website at the domain name <zoomlion.com>, registered on 29 June 2001.<\/p>\n
The disputed domain name was registered on 9 January 2025. It currently resolves to a Russian language website that prominently displays the ZOOMLION trademark and features the ZOOMLION products of the Complainant. The website displays the following texts:<\/p>\n
“Добро пожаловать на сайт компании Zoomlion Heavy Industry Science and Technology Company Limited. ZOOMLION — ведущий мировой производитель инженерной техники. […] Мы с удовольствием покажем Вам нашу технику в центральном складе России г. Москве”<\/em><\/p>\n …<\/em><\/p>\n “6753 патента столько мы изобрели нового <\/em>3<\/em>200 т столько поднял наш гусеничный кран 1<\/em>01 м рукав нашего бетононасоса 23 540 человек количество наших сотрудников 80 стран дилеры”<\/em><\/p>\n (in English:<\/em><\/p>\n “Welcome to the website of Zoomlion Heavy Industry Science and Technology Company Limited. ZOOMLION is the world’s leading manufacturer of engineering machinery. […] We would be pleased to show you our machinery at our central warehouse Moscow, Russia.”<\/em><\/p>\n “6753 patents that is how many new inventions we have made 3200 t that is how much our crawler crane lifted 101 m the hose of our concrete pump 23540 people the number of our employees 80 countries dealers”<\/em><\/p>\n The website also displays a catalogue of ZOOMLION products, offers leasing and repair services for them and contact addresses and phone numbers in the Russian Federation, and includes the copyright notice “© 2025 Zoomlion Heavy Industry Science and Technology Company Limited. All rights reserved.” <\/em><\/p>\n There is no information about the identity of the Respondent on the website.<\/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": " COMPLAINANT:<\/p>\n The Complainant submits that the disputed domain name is identical to its ZOOMLION trademark, as it incorporates the trademark entirely without any other elements.<\/p>\n According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it is not commonly known under it, has no relevant trademark rights, and is not related to the Complainant or authorized by it to register and use a domain name that includes the ZOOMLION trademark. The Complainant submits that the Respondent is not an authorized distributor or partner of the Complainant. According to the Complainant, the Respondent’s use of the disputed domain name is not fair, because it falsely suggests to Internet users that the associated website belongs to the Complainant and shows an intent to exploit the reputation of the Complainant.<\/p>\n The Complainant states that the disputed domain name was registered and is being used in bad faith. It claims that its ZOOMLION trademark had already achieved a high level of global recognition at the time when the Respondent registered the disputed domain name, so it must have had knowledge of the trademark at this time. The Complainant adds that the Respondent’s knowledge is confirmed by the fact that the Respondent’s website has the same content as the Complainant’s official website.<\/p>\n The Complainant notes that the website at the disputed domain name is designed to appear as its own official website. According to the Complainant, this shows that the Respondent uses the disputed domain name to intentionally attempt to attract, for commercial gain, Internet users to the Respondent’s website by creating a likelihood of confusion with the ZOOMLION trademark as to the source or affiliation of the Respondent’s website and of the products and services offered there.<\/p>\n <\/p>\n RESPONDENT:<\/p>\n The Respondent did not submit an administratively compliant Response in this proceeding. In its informal communication to the CAC, the Respondent made the following statement in Russian:<\/p>\n “Компания разрешила использовать товарный знак при создании сайта. Переписка с представителем компании приложена. Сертификат дилера приложен. Со спором не согласен”<\/em><\/p>\n in English: “The company authorized the use of the trademark in the creation of the website. Correspondence with the representative of the company is attached. Dealer certificate attached. I do not agree with the dispute” (sic)<\/em><\/p>\n The Respondent submitted two screenshots from a smartphone messaging application, which contain fragments of conversations in Russian between the holder of the smartphone, who is not identified (possibly the Respondent), and a contact named “Alexei Varentsov Zoomlion”. <\/em>The first conversation appears to have taken place on 9 January 2025, and the fragment of it submitted by the Respondent includes an exchange of a Zoomlion price list, a question to “Alexei Varentsov Zoomlion” about the name of his company, to which “Alexei Varentsov Zoomlion” responded that its name was “Zoomlion” and sent a link to a location on an online map. The second conversation appears to have taken place on 20 January 2025, and the fragment of it submitted by the Respondent includes an exchange of Zoomlion equipment photos, a question by the holder of the smartphone to “Alexei Varentsov Zoomlion” as to whether “anyone would be upset if the website looked like yours”, to which “Alexei Varentsov Zoomlion” responded that such thing should not happen, then the holder of the smartphone informed “Alexei Varentsov Zoomlion” that “in three weeks we will be in commercials”, to which “Alexei Varentsov Zoomlion” responded “Well done! Great!”.<\/p>\n The Respondent also submitted a copy of a certificate issued by “OOO Zoomlion Heavy Indistry RUS”, stating that the company “OOO POGRUZCHIK.MOSKVA” represents the issuer of the certificate and is authorized to sell certain types of Zoomlion loading and warehouse equipment on the territory of the \"ЦФО\" (possibly an abbreviation for the Central Federal District of the Russian Federation) and to sell spare parts and perform service, repair and warranty obligations in respect of such equipment.<\/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": " Language of the proceeding<\/p>\n The language of the Registration Agreement for the disputed domain name is Russian. Pursuant to 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, subject to the authority of the Panel to determine otherwise.<\/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 parties’ ability to understand and use the proposed language, time and costs (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 4.5.1).<\/p>\n The Complainant requests that the language of the present administrative proceeding be English. The Respondent did not take any position on this issue, but submitted a Response and evidence in Russian, without requesting any translations of the Complaint and of the evidence attached to it, or of any case-related correspondence.<\/p>\n The Panel notes that the disputed domain name is composed of English language words, and the translation of the Complaint and of the evidence would lead to additional costs and delays.<\/p>\n Taking the above into account, the Panel concludes that it is more likely than not that the Respondent has sufficient knowledge of English and would not be prejudiced if the language of the administrative proceeding is English, and that using the English language will contribute to the efficiency of the proceeding. On this basis, the Panel decides that the language of this proceeding shall be English.<\/p>\n Having resolved the above issue, the Panel is satisfied that all procedural requirements under UDRP have been met and there is no reason why it would be inappropriate to render a decision on the substance of the dispute.<\/p>",
"decision": "Accepted",
"panelists": [
"Assen Alexiev"
],
"date_of_panel_decision": "2025-07-16 00:00:00",
"informal_english_translation": " The Complainant is the owner of a number of trademark registrations for “ZOOMLION” (the ”ZOOMLION trademark”), including the following representative registrations:<\/p>\n - the Russian trademark ZOOMLION with registration No. 364792, registered on 14 November 2008 for goods in International Class 7; and<\/p>\n - the International trademark ZOOMLION with registration No. 1312443, registered on 29 March 2016 for goods in International Classes 7, 11 and 12. <\/span><\/p>",
"decision_domains": {
"zoomlion.company": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}