{ "case_number": "CAC-UDRP-108095", "time_of_filling": "2025-11-07 09:49:56", "domain_names": [ "cumminsgeneradores.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Cummins Inc." ], "complainant_representative": null, "respondent": [ "Marco Antonio Gonzalez Valdez" ], "respondent_representative": null, "factual_background": "

A<\/strong>. Complainant<\/strong>'s Assertions<\/strong><\/p>\n

The Complainant is one of the world's largest and most reputable manufacturers of engines, power generation equipment, and related technologies. Founded in 1919 and headquartered in Columbus, Indiana, United States, the Complainant operates in more than 190 countries.  <\/p>\n

B<\/strong>. Respondent<\/strong>'s Assertions<\/strong><\/p>\n

The Respondent is Marco Antonio Gonzalez Valdez, an individual based in Zumpango, Mexico. The Respondent did not reply to the Complaint and has therefore provided no evidence of any rights or legitimate interests in the disputed domain name.<\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <cumminsgeneradores.com> (\"the disputed domain name\").<\/p>", "no_response_filed": "

A<\/strong>. Complainant<\/strong><\/p>\n

A<\/strong>.1 Identical or Confusingly Similar<\/strong><\/p>\n

The Complainant submits that the disputed domain name incorporates the trade mark CUMMINS in its entirety. The additional Spanish term \"generadores\" (\"generators\" in English) is merely descriptive of the Complainant's product line and does not avoid confusing similarity.<\/p>\n

A<\/strong>.2<\/strong>. Absence of Rights or Legitimate Interests <\/strong><\/p>\n

The Complainant argues that the Respondent is not authorised to use its trade marks, is not commonly known by \"cummins\" or \"cumminsgeneradores\", and used the disputed domain name to impersonate the Complainant.<\/p>\n

The Respondent's website reproduced the Complainant's logo, colour scheme, product images, and distributor address, and falsely presented the Respondent as a manufacturer offering direct sales. The Complainant submits that such behaviour precludes any bona fide <\/em>offering of goods or services, fails to meet the standards under Oki Data, and cannot constitute legitimate non-commercial or fair use.<\/p>\n

A<\/strong>.3 Registration and Use in Bad Faith<\/strong><\/p>\n

The Complainant asserts that the Respondent knowingly targeted its well-known trade marks and intentionally created consumer confusion for commercial gain.  In particular, the Respondent operated a website and associated WhatsApp contact channel that falsely presented itself as an official CUMMINS outlet. The impersonation via website and WhatsApp communication demonstrates both bad faith registration and bad faith use under paragraph 4(b)(iv) of the UDRP Policy.  <\/p>\n

A<\/strong>.4 Relief Sought<\/strong><\/p>\n

The Complainant requests transfer of the disputed domain name.<\/p>\n

B<\/strong>. Respondent<\/strong><\/p>\n

The Respondent did not file any Response. Accordingly, the Panel proceeds on the basis of the uncontested evidence submitted by the Complainant and may draw such inferences as it considers appropriate pursuant to Rule 14(b) of the UDRP Rules.  <\/span><\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that 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 UDRP Policy).<\/p>", "no_rights_or_legitimate_interests": "

The Complainant has, to the satisfaction of the Panel, shown that the Respondent has no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the UDRP 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 UDRP Policy).<\/p>", "procedural_factors": "

The Panel finds that all procedural requirements under the UDRP Policy, UDRP Rules, and CAC's UDRP Supplemental Rules, have been satisfied. The matter is properly before the Panel.<\/p>", "decision": "Accepted", "panelists": [ "Yana Zhou (Presiding Panelist)" ], "date_of_panel_decision": "2025-12-17 00:00:00", "informal_english_translation": "

The Complainant, Cummins Inc., owns a portfolio of registered trade marks for CUMMINS, including long-standing registrations in the United States, the European Union, and Mexico. Examples include:<\/p>\n

• CUMMINS (word), class 23, US registration no. 579346 (registered 1 September 1953);<\/p>\n

• CUMMINS (word), classes 7, 12 and 37, EUIPO registration no. 001373513 (registered 12 January 2001);<\/p>\n

• CUMMINS (figurative), classes 7, 12 and 37, EUIPO registration no. 001374172 (registered 26 January 2001); and<\/p>\n

• CUMMINS (word), class 7, IMPI (Mexico) registration no. 0119000500970 (registered 14 February 1938).<\/p>\n

(Each a \"trade mark\" and collectively the \"Complainant's trade marks\").<\/p>\n

The Complainant also owns numerous domain names incorporating its trade mark, including <cummins.com>, registered in 1990.<\/p>\n

The disputed domain name was registered on 12 August 2025 and, at the time of this Decision, does not resolve to an active website. The lack of an active website does not affect the Panel's assessment, as the Complainant has adduced substantial evidence of prior use of the disputed domain name in connection with an impersonating website (\"the Respondent's website\").<\/p>", "decision_domains": { "cumminsgeneradores.com": "TRANSFERRED" } }