{
    "case_number": "CAC-UDRP-108262",
    "time_of_filling": "2025-12-18 12:41:10",
    "domain_names": [
        "themoffett.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Hiab Ireland Limited"
    ],
    "complainant_representative": "Atte Karineva Lawyer (Berggren Oy)",
    "respondent": [
        "xiaoyu yang"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant states that it is the owner of the \"MOFFETT\" trademark and is part of the Hiab Group, a leading provider of various lifting, loading and unloading machines, devices, and equipment for use in cargo and load handling purposes and services related to them. The Complainant clarifies that the Hiab Group operates globally in more than 100 countries around the world.<br \/>&nbsp;<br \/>The Complainant points out that it is the owner of numerous trademark registrations for the word &ldquo;MOFFETT&rdquo;. The Complainant considers that the \"MOFFETT\" trademark is distinctive, well-known and enjoys significant reputation around the world due to its consistent and extensive use throughout the years especially related to lifting apparatus, forklifts and the related services.<br \/><br \/>The Complainant observes that the disputed domain name redirects to a website where one of the \"MOFFETT\" figurative marks is shown. The Complainant argues that a visitor is likely to mistakenly understand that the website is owned and being maintained by the Complainant. The Complainant submits that many of the images on the website appear to be generated by artificial intelligence.<br \/>&nbsp;<br \/>The Complainant points out that the disputed domain name incorporates the Complainant&rsquo;s trademark \"MOFFETT\" as its dominant and only distinctive element. The Complainant argues that the addition of the article \"THE\" does not have any impact on the confusing similarity of the disputed domain name.<\/p>\n<p><br \/>The Complainant states that:<\/p>\n<p>- it has not granted the Respondent any license or other rights to use any of its trademarks or domain names;<\/p>\n<p>- the registration and use of the disputed domain name have neither been authorized nor approved by the Complainant;<br \/>&nbsp;<br \/>- the Respondent is not commonly known by the disputed domain name;<\/p>\n<p>- the use of the disputed domain name is neither non-commercial nor fair, as it falsely suggests affiliation with the trademark owner;&nbsp;<br \/>&nbsp;<br \/>- the disputed domain name redirects to a website where the wording used suggests that the website is owned or maintained by the Complainant.<\/p>\n<p><span>On the basis of the above-mentioned elements the Complainant contends that the Respondent has no right or legitimate interests in respect of the disputed domain name.<\/span><br \/>&nbsp;<br \/>The Complainant considers that the Respondent had the intention to use the well-known and distinctive \"MOFFETT\" trademark in the disputed domain name to attract Internet users to its website where the \"MOFFETT\" mark is being used for offering the same goods and services offered by the Complainant.<br \/>&nbsp;<br \/>The Complainant notes that the figurative \"MOFFETT\" mark used on the website is identical to the one registered and used by the Complainant, and this supports the Complainant&rsquo;s view that the website is specifically targeting its \"MOFFETT\" trademark.<\/p>\n<p>The Complainant observes that, in addition to the use of the \"MOFFETT\" trademarks and of the pictures of product similar to the Complainant's ones, the wording used on the website clearly implies that the website is owned or managed by the Complainant.<br \/>&nbsp;<br \/>The Complainant notes that the website also contains an online contact form and an email address, that might be used for fraudulent purposes.&nbsp;<\/p>\n<p>The Complainant considers that the use of the \"MOFFETT\" trademark in the Respondent's website is detrimental to the Complainant's reputation.<br \/>&nbsp;&nbsp;<br \/>The Complainant argues that at the time of the disputed domain name's registration, the Respondent was well aware of the Complainant&rsquo;s trademark and has intentionally registered and used the disputed domain name in order to benefit from the reputation and goodwill of the Complainant&rsquo;s distinctive and well-known trademark.<br \/>&nbsp;<\/p>\n<p>The Complainant considers that it is unlikely that the registration has been a coincidence considering the registered and famous \"MOFFETT\" trademark incorporated in the disputed domain name, and taking into account that on the Respondents&rsquo; website goods identical to the Complainant's ones are marketed.<\/p>\n<p>&nbsp;<br \/>Furthermore, the Complainant notes that the Respondent has taken active steps to hide his identity by using a privacy service.<br \/>&nbsp;<br \/>The Complainant takes the view that the Respondent has intentionally attempted to attract, for commercial gain, internet users to its website.&nbsp;<\/p>\n<p><span>On these bases the Complainant concludes that the disputed domain name was registered and is being used in bad faith.<\/span><br \/><br \/><span>In light of the above, the Complainant requests the transfer in its favor of the disputed domain name.<\/span><\/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 name.<\/p>",
    "no_response_filed": "<p>The Complainant, relying on the arguments summarised above, contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<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 name (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 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": "<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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2026-01-18 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of numerous registrations for the trademark \"MOFFETT\", including the EU trademark&nbsp;No. 002643799, &ldquo;MOFFETT&rdquo;, registered on May 23, 2003, for goods and services in class 12.<\/p>\n<p>The disputed domain name was registered by the Respondent on October 17, 2025.<\/p>",
    "decision_domains": {
        "themoffett.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}