{
    "case_number": "CAC-UDRP-107980",
    "time_of_filling": "2025-09-25 09:45:08",
    "domain_names": [
        "neweraargentina.com",
        "newerabelgium.com",
        "newerabg.net",
        "neweracapcolombia.com",
        "neweracapperu.com",
        "neweracapsrbija.com",
        "neweraportugal.com",
        "neweraromania.net",
        "neweraschweiz.com",
        "neweracanada.net",
        "newerasouthafrica.net",
        "newerasuomi.net",
        "newerauksale.com",
        "neweracaponlinelt.com",
        "newerauruguay.net"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "New Era Cap, LLC"
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "Owen Boyle",
        "Jessica Cross",
        "Kieran Simmons",
        "Emma Hilton",
        "Mohammed Hurst"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is an American headwear company based in Buffalo, New York. Founded in 1920, the company has been the exclusive supplier of baseball caps for Major League Baseball (MLB) since 1993. Furthermore, the Complainant is official cap provider or official outfitter for numerous other leagues, including the Australian cricket&rsquo;s Big Bash League, the Canadian Football League (CFL), and the National Hockey League (NHL). Today, the Complainant employs nearly 1,500 people globally and produces more than 30 million caps, which are sold in over 40 countries worldwide. The Complainant owns and operates several websites incorporating the Trademark in their domain names, such as &lt;neweracap.com&gt;.<\/p>\n<p>The disputed domain names were all registered on 16 May 2023 and were used in connection with websites offering suspected counterfeit versions of the Complainant&rsquo;s products.<\/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 names.<\/p>",
    "no_response_filed": "<p><strong>Complainant:<\/strong><\/p>\n<p>The Complainant argues that the disputed domain names are confusingly similar to the Trademark, as they comprise the Trademark in full, and as the Trademark is clearly recognisable in the disputed domain names despite the additional geographical or generic terms, such as \"argentina&rdquo;, &ldquo;colombia&rdquo;, \"bg\" (the alpha-2 country code for Bulgaria), \"lt\" (the alpha-2 country code for Lithuania), \"cap\", \"online\", or \"sale\".<\/p>\n<p>Furthermore, the Complainant asserts that the Respondent lacks rights or legitimate interests in the disputed domain names. The Complainant contends that there is no evidence indicating that the Respondent holds any registered trademark rights in relation to the disputed domain names, that the Respondent is not a licensee or authorized agent of the Complainant, nor has he been granted any permission to use the Trademark, that the Respondent is not commonly known by the disputed domain names, that the Respondent has not provided the Complainant with any evidence of use, or demonstrable preparations to use, the disputed domain names in connection with a <em>bona fide<\/em> offering of goods or services prior to receiving notice of the dispute, that the websites associated with the disputed domain names contain no disclaimer indicating the Respondent's lack of affiliation with the Complainant, that the Respondent has failed to reply to the Complainant's infringement notices, and that the sale of counterfeit products constitutes circumstantial evidence of the Respondents illegal activity, consequently supporting the assertion that the Respondent has no rights or legitimate interests in respect of the domain names.<\/p>\n<p>Lastly, the Complainant contends that the disputed domain names were registered and are being used in bad faith. Regarding bad faith registration, the Complainant asserts that the Trademark enjoys widespread recognition and commercial appeal worldwide and that the Respondent deliberately adopted the disputed domain names, which incorporate the Trademark in its entirety, in order to obtain an economic benefit by selling products in the same product category as those sold by the Complainant using the Trademark. As to bad faith use, the Complainant contends that the fact that the Respondent's use of the disputed domain names in connection with commercial websites misappropriating the Trademark clearly indicates that the Respondent&rsquo;s purpose in registering the disputed domain names was to capitalize on the reputation of the Trademark by diverting Internet users seeking the Complainant's products to the Respondent&rsquo;s websites for financial gain, by intentionally creating a likelihood of confusion with the Complainant&rsquo;s trademarks as to the source, sponsorship, affiliation or endorsement of the Complainant&rsquo;s website and\/or the goods offered or advertised on those websites. Furthermore, the Complainant states that the Respondent has registered multiple domain names that abusively incorporate the trademarks of various brand owners, such as &lt;asicsaustralia.net&gt;, &lt;cartierchile.com&gt;, &lt;hugobossargentina.com&gt;, &lt;michaelkorsbelgique.com&gt;, &lt;newbalanceisrael.net&gt;, and &lt;oakleyjapan.com&gt;.<\/p>\n<p><strong>Respondent:<\/strong><\/p>\n<p><span>No administratively compliant Response has been filed.<\/span><\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [
        "Peter Müller"
    ],
    "date_of_panel_decision": "2025-10-31 00:00:00",
    "informal_english_translation": "<p><span>The Complainant owns several trademarks for the term \"NEW ERA\", including European trademark registration no. 004693867 for \"NEW ERA\", which was registered on 13 November 2006 for various goods in class 25 (hereinafter referred to as the \"Trademark\").<\/span><\/p>",
    "decision_domains": {
        "neweraargentina.com": "TRANSFERRED",
        "newerabelgium.com": "TRANSFERRED",
        "newerabg.net": "TRANSFERRED",
        "neweracapcolombia.com": "TRANSFERRED",
        "neweracapperu.com": "TRANSFERRED",
        "neweracapsrbija.com": "TRANSFERRED",
        "neweraportugal.com": "TRANSFERRED",
        "neweraromania.net": "TRANSFERRED",
        "neweraschweiz.com": "TRANSFERRED",
        "neweracanada.net": "TRANSFERRED",
        "newerasouthafrica.net": "TRANSFERRED",
        "newerasuomi.net": "TRANSFERRED",
        "newerauksale.com": "TRANSFERRED",
        "neweracaponlinelt.com": "TRANSFERRED",
        "newerauruguay.net": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}