{ "case_number": "CAC-UDRP-108425", "time_of_filling": "2026-02-20 09:54:25", "domain_names": [ "babbel.live" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Babbel GmbH" ], "complainant_representative": "Dr. Julian Erfurth (Lubberger Lehment Rechtsanwälte Partnerschaft mbB)", "respondent": [ "Zhong Lei" ], "respondent_representative": null, "factual_background": "

A. Complainant's Factual Allegations<\/span><\/strong><\/p>\n

The Complainant offers online language learning services and operates one of the world’s most popular language learning apps. It was founded in 2007 and has rapidly grown since then. Today it is one of the highest-selling language learning platforms globally and employs roughly 490 people worldwide. It is well-known not only in Europe and Germany, where it has its seat, but also in other parts of the world. It is one of the first language learning platforms to introduce a language learning app. Today, the Babbel e-learning platform offers various resources for language tuition. The curriculum includes over 10,000 lessons in 14 languages.<\/span><\/p>\n

B.<\/strong> <\/span>Respondent's Factual Allegations<\/strong><\/p>\n

The Respondent has defaulted in this UDRP administrative proceeding and has consequently made no factual allegations. The Respondent is Zhong Lei, based at the address of pingtangroad415lane35no201, Shanghai, Postal Code 332005, China. The disputed domain name was registered on April 6, 2025 by the Respondent, as confirmed by the Registrar. The disputed domain name resolves to a parking page. On this page, the disputed domain is offered for sale.<\/span><\/p>", "other_legal_proceedings": "

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": "

A. COMPLAINANT<\/span><\/strong><\/p>\n

Language of the Proceedings <\/span><\/strong><\/p>\n

The Complaint is written in English. According to the registrar's verification response, the language of the registration agreement for the disputed domain name is Chinese. The Complainant submitted a request for English to be the language of this administrative proceeding.<\/span><\/p>\n

The Complainant's contentions can be summarized as follows:<\/span><\/p>\n

I. The disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The Complainant contends that it is the owner of the registered trademark BABBEL in numerous jurisdictions as mentioned above in the IDENTIFICATION OF RIGHTS. <\/span><\/p>\n

The disputed domain name contains the Complainant's trademark BABBEL in its entirety. As to the generic Top Level Domain “.live”, it is viewed as a standard registration requirement and as such can be disregarded for the purpose of assessing identity or confusing similarity.<\/span><\/p>\n

II. Respondent has no rights or legitimate interests in the domain name<\/strong><\/p>\n

The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name on the grounds: i) the registration dates of its trademarks predate the registration date of the disputed domain name; ii) the Respondent has not acquired a trademark for the BABBEL; iii) the Respondent is not commonly known by the disputed domain name; iv) the Complainant has no relationship with the Respondent and has not authorized it to use the trademark; v) the Respondent has not used the disputed domain name for a bona fide offering of goods or services.<\/span><\/p>\n

III. The Respondent registered and is using the disputed domain name in bad<\/strong><\/p>\n

The Complainant submits that the Respondent registered and is using the disputed domain name in bad faith on the grounds: i)<\/span> The Respondent uses the disputed domain name for a parking page. On this page, the disputed domain name is offered for sale and commercial advertisements for language courses are being displayed. The Respondent derives commercial gain from advertising revenue through an advertising arrangement that trades on the Complainant’s trademark; ii) the term BABBEL is not a generic term and has no dictionary meaning.<\/span> As an invented word, BABBEL is not a word business owners would legitimately choose unless seeking to create an impression of an association with the Complainant; iii) BABBEL is exclusively associated with the Complainant due to the wide-spread use and recognition of the trademark, which is supported by the results of a Google search for the term BABBEL. There is no possibility that the Respondent could have been unaware of the Complainant when it registered the disputed domain name.<\/span><\/p>\n

The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. <\/span><\/p>\n

B. RESPONDENT <\/span><\/strong><\/p>\n

No administratively compliant Response has been filed<\/span><\/p>", "rights": "

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": "

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": "

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": "

The language of the registration agreement is Chinese. The Complainant has requested that the language of the proceedings be English. The Respondent did not respond to the issue of the language of the proceedings and did not reject the Complainant’s request. The Panel is given discretion under Paragraph 11 of the Rules to determine the appropriate language of the administrative proceeding. Paragraph 10 of the Rules mentions that the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case. <\/span><\/p>\n

Based on the following factors, the Panel has decided that it would be fair and equitable to both parties to have the language of the proceedings be English: <\/span><\/p>\n