{ "case_number": "CAC-UDRP-108279", "time_of_filling": "2025-12-30 10:45:02", "domain_names": [ "alibabaoutdoor.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Alibaba Group Holding Limited" ], "complainant_representative": "Convey srl", "respondent": [ "Guangzhou Freshworld Electrical Appliance Ltd., Co" ], "respondent_representative": null, "factual_background": "

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

The Complainant is a multinational enterprise specialising in e-commerce, retail, Internet services and technology, and operates globally across more than 190 countries. It submits that ALIBABA is a distinctive and well-known trade mark worldwide.<\/p>\n

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

The Respondent appears to be a Chinese entity identified as Guangzhou Alibaba Outdoor Trading Co., Ltd. The Respondent did not file a Response and has 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 <alibabaoutdoor.com> (\"the disputed domain name\").<\/span><\/p>", "no_response_filed": "

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

A<\/strong>.1 Preliminary Matter<\/strong>: Language of the Proceeding<\/strong><\/p>\n

Upon the registrar verification confirming that the Registration Agreement for the disputed domain name is in Chinese, the Complainant submitted a request that the language of the proceeding be English.<\/p>\n

The Complainant submits that the Respondent is familiar with English, as evidenced by the composition of the disputed domain name in Latin characters, including the English word \"outdoor\", the use of the Top-Level Domain (\"TLD\") \"<.com>\", and the fact that the associated website is entirely in English. The Complainant further submits that the Respondent could not reasonably be unaware of English as the principal language of international commerce.<\/p>\n

The Complainant argues that requiring translation into Chinese would cause unnecessary cost and delay and would be inconsistent with the UDRP's objective of providing an efficiency and cost-effective dispute resolution mechanism.<\/p>\n

A<\/strong>.2 Complainant<\/strong>'s Submissions<\/strong><\/p>\n

A<\/strong>.2<\/strong>.1 Identical or Confusingly Similar<\/strong><\/p>\n

The Complainant submits that it holds extensive and long-standing trade mark rights in ALIBABA. It contends that the disputed domain name wholly incorporates that trade mark and that the addition of the descriptive term \"outdoor\" and the TLD <.com> does not dispel confusing similarity.<\/p>\n

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

The Complainant asserts that the Respondent has no rights or legitimate interests in the disputed domain name. It submits that the Respondent is neither authorised nor commonly known by the disputed domain name, and that the use of the domain name is not in connection with a bona fide offering of goods or services.<\/p>\n

According to the Complainant, the Respondent is using the disputed domain name to trade on the reputation of the trade mark ALIBABA, misleading Internet users as to the source or affiliation of the associated website.<\/p>\n

A<\/strong>.2<\/strong>.3 Registered and Used in Bad Faith<\/strong><\/p>\n

The Complainant contends that, given the notoriety of the trade mark ALIBABA, the Respondent must have been aware of the Complainant's rights at the time of registration of the disputed domain name.<\/p>\n

It submits that the disputed domain name is being used to attract Internet users for commercial gain by creating a likelihood of confusion with the Complainant's trade mark, including by prominently displaying that mark on the associated website. The Complainant further relies on the Respondent's continued use of the disputed domain name despite notice of infringement as additional evidence of bad faith.<\/p>\n

A<\/strong>.2<\/strong>.4 Remedy Sought<\/strong><\/p>\n

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

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

The Respondent did not file any Response. The Panel therefore 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.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade 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 that the disputed domain name was registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the UDRP Policy).<\/p>", "procedural_factors": "

<\/strong>1<\/strong>. Language of the Proceeding<\/strong><\/p>\n

Pursuant to Rule 11 of the UDRP Rules, the Panel has discretion to determine the language of the proceeding, having regard to the circumstances of the case and the requirements of fairness and procedural efficiency.<\/p>\n

The Registration Agreement for the disputed domain name is in Chinese. The Complainant has requested that English be adopted as the language of the proceeding and has submitted the Complaint in English. The disputed domain name comprises Latin characters, including the English word \"outdoor\", and the associated website is presented entirely in English. The Respondent has not appeared in the proceeding and has not objected to the use of English. <\/p>\n

The Panel considers that requiring translation of the Complaint and supporting evidence into Chinese would introduce disproportionate cost and delay, without any evident procedural benefit. Having regard to the circumstances of the case, and the objectives of fairness, equality of treatment, and expedition, the Panel determines that English shall be the language of the proceeding.<\/p>\n

2<\/strong>. Procedural compliance<\/strong><\/p>\n

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" ], "date_of_panel_decision": "2026-02-05 00:00:00", "informal_english_translation": "

The Complainant owns an extensive portfolio of registered trade marks for ALIBABA, including long-standing registrations in numerous jurisdictions worldwide, including China, the United States, the European Union, the United Kingdom, and Singapore. These registrations cover a wide range of goods and services in, inter alia<\/em>, Nice Classes 9, 16, 35, 36, 38, 39, 41 and 42 (each a \"trade mark\" and collectively the \"Complainant's trade marks\").<\/p>\n

The Complainant also owns and operates a substantial portfolio of domain names incorporating the ALIBABA trade mark, including <alibaba.com>, registered in 1999.<\/p>\n

The disputed domain name was registered on 9 April 2025 and resolves to a website which appears to commercialise outdoor-related products and services.<\/p>", "decision_domains": { "alibabaoutdoor.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }