{
    "case_number": "CAC-UDRP-108118",
    "time_of_filling": "2025-11-10 09:19:53",
    "domain_names": [
        "burberryssale.com",
        "burberrysale.shop "
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Burberry Limited  "
    ],
    "complainant_representative": "Coöperatie SNB-REACT U.A.",
    "respondent": [
        "Liana  De"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is global luxury brand involved in the design, manufacture, advertising, distribution, and sale of high-quality apparel, bags, cosmetics, perfumes and accessories. Established in 1856 in England, the Complainant has continuously used the BURBERRY mark in connection with its goods and services. The Complainant currently operates over 400 retail and concession outlets around the world, and its products are also sold in well-known department stores, boutiques, Burberry stores, online at <a href=\"http:\/\/www.burberry.com\">www.burberry.com<\/a>, and other authorized retail establishments. In the 2024 fiscal year, the Complainant had over &pound;2,461 million in revenue.<\/p>\n<p>The Complainant states that it has spent substantial resources in advertising and promoting its BURBERRY trade mark, and as a result, the BURBERRY mark has become internationally famous and has acquired enormous and valuable goodwill, and is considered one of the most valuable fashion brands worldwide.<\/p>\n<p>The Respondent registered the &lt;burberryssale.com&gt; domain name on July 1, 2025, and the &lt;burberrysale.shop&gt; domain name on June 30, 2025. At the time of filing the Complaint, the disputed domain names resolved to inactive webpages. The disputed domain names previously resolved to websites that impersonated the Complainant&rsquo;s official website, <a href=\"http:\/\/www.burberry.com\">www.burberry.com<\/a>, prominently displayed its BURBERRY trade mark, and sold purportedly BURBERRY-branded products. At the time of filing the Complaint, the disputed domain names resolved to inactive websites.<\/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>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. <br \/>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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><strong>Language of the Proceeding<\/strong><\/p>\n<p>The language of the Registration Agreement for the disputed domain names is Chinese.&nbsp; Pursuant to the <span>Uniform Domain Name Dispute Resolution Policy (the &ldquo;Rules&ldquo;)<\/span>, 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<p>The Complaint was filed in English. The Complainant requested that the language of the proceedings be English for these reasons:<\/p>\n<ul>\n<li>The disputed domain names include the Complainant&rsquo;s English-language trade mark;<\/li>\n<li>The disputed domain names comprise words in the Latin script, and not in Chinese characters;<\/li>\n<li>The disputed domain names are &ldquo;in the international &lsquo;.com&rsquo; and &lsquo;shop&rsquo; zone&rdquo;;<\/li>\n<li>The Respondent uses English words in the disputed domain names, demonstrating that the Respondent is familiar with the English language;<\/li>\n<li>At the time when the Respondent&rsquo;s websites to which the disputed domain names resolved were active, they were in the English language; and<\/li>\n<li>The details of the registrant as provided by the Registrar indicates an address in Canada, an English-speaking country.<\/li>\n<\/ul>\n<p>The Respondent did not make any submissions with respect to the language of the proceeding.&nbsp;<\/p>\n<p>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&rsquo;s mark, potential unfairness or unwarranted delay in ordering the complainant to translate the complaint, and evidence of other respondent-controlled domain names registered, used, or corresponding to a particular language, (see section 4.5.1 WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (&ldquo;WIPO Overview 3.0&rdquo;).<\/p>\n<p>Having considered the circumstances of this case including the composition of the disputed domain names which contain the English word &ldquo;sale&rdquo; and are registered in the &ldquo;.shop&rdquo; and &ldquo;.com&rdquo; generic Top-Level domain, and the location of the Respondent, the Panel determines 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 into English.<\/p>\n<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": [
        "Francine Tan"
    ],
    "date_of_panel_decision": "2025-12-07 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the BURBERRY trade mark, which is used in relation to, <em>inter alia<\/em>, watches, jewellery, luggage, handbags, perfumes, sunglasses, and clothing. The Complainant has numerous trademark registrations for BURBERRY including the following:<\/p>\n<ul>\n<li>United Kingdom trademark registration No. UK00000405317, registered since June 18, 1920;&nbsp;<\/li>\n<li>United Kingdom trademark registration No. UK00001428264, registered since November 29, 1991;&nbsp;<\/li>\n<li>United Kingdom trademark registration No. UK00002225986, registered since August 25, 2000;&nbsp;<\/li>\n<li>United Kingdom trademark registration No. UK00002299458, registered since October 4, 2002;<\/li>\n<li>European Union trademark registration No. 001058312, registered since March 27, 2000;<\/li>\n<li>European Union trademark registration No. 002680460, registered since July 31, 2003; and<\/li>\n<li>United States trademark registration No. 260843, registered since August 27, 1929.<\/li>\n<\/ul>\n<ul><\/ul>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>",
    "decision_domains": {
        "burberryssale.com": "TRANSFERRED",
        "burberrysale.shop ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}