{
    "case_number": "CAC-UDRP-108449",
    "time_of_filling": "2026-03-02 10:22:24",
    "domain_names": [
        "thedavidoff.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Zino Davidoff SA"
    ],
    "complainant_representative": "Abion GmbH",
    "respondent": [
        "李策平, li ce ping"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a Swiss-based family business which provides luxury goods including fine crafted leather goods, writing instruments, fragrances, watches, eyewear, fashion accessories, coffee, and cognac. The goods are sold worldwide including across the Asia-Pacific region.<\/p>\n<p>The Complainant states it has enjoyed a strong online presence via its official websites and social media platforms. It owns many domain names containing the trade marks DAVIDOFF or COOL WATER. Its &lt;zinodavidoff.com&gt; domain name was registered on April 20, 1998, &lt;coolwater.com&gt; on December 22, 1995, and &lt;davidoffcoolwater.com&gt; on October 22, 1999. They resolve to the Complainant&rsquo;s group official website through which the Complainant informs Internet users and potential consumers about its products sold under the DAVIDOFF and COOL WATER trade marks.<\/p>\n<p>The disputed domain name was registered on August 17, 2025 which, at the time of filing the Complaint, resolved to a website displaying the Complainant&rsquo;s DAVIDOFF and COOL WATER trade marks and offering for sale fragrances for men and women.<\/p>\n<p>The Complainant sent cease-and-desist letters on August 27, 2025 and October 12, 2025 to the Respondent via the Registrar&rsquo;s email for reporting abuse and the Registrant&rsquo;s contact form provided on the Registrar&rsquo;s website. The Respondent did not reply to the cease-and-desist letters.<\/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 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>\n<p>LANGUAGE OF THE PROCEEDINGS<\/p>\n<p>The language of the registration agreement is Chinese.<\/p>\n<p>The Complainant has requested that the language of proceedings be English for a variety of reasons. These include the following, which show that the Respondent is familiar with and understands English and that the Respondent has been targeting English-speaking Internet users:<\/p>\n<ul>\n<li>The disputed domain name consists of Latin characters which comprise the Complainant&rsquo;s trade mark DAVIDOFF and the English word &ldquo;the&rdquo;.<\/li>\n<\/ul>\n<p><\/p>\n<ul>\n<li>&nbsp;The Respondent chose to register the disputed domain name under the popular generic Top-level domain &ldquo;.com&rdquo;, which is a very widely used abbreviation for the terms &ldquo;company&rdquo; or &ldquo;commercial&rdquo;.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>The Respondent&rsquo;s website is in English.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>The Respondent has been involved as a respondent in at least 12 UDRP cases, in which the domain names in dispute were formed using Latin characters and many of them resolved to websites in English.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>English is the primary language being used internationally.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>To conduct the proceeding in Chinese, the Complainant would have to incur significant additional costs for translation and cause a delay in the proceeding.<\/li>\n<\/ul>\n<p>Having considered these points and the circumstances of this case, the Panel has decided that it would be fair and equitable to all parties to adopt English as the language of the proceedings. Furthermore, the Respondent did not respond on the issue of the language to the proceedings and did not object to the Complainant&rsquo;s request.<\/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": "2026-04-06 00:00:00",
    "informal_english_translation": "<p>The Complainant has trademark registrations for DAVIDOFF and COOL WATER in numerous jurisdictions including in China. The registrations include the following:<\/p>\n<ul>\n<li>Swiss trademark registration No. 313368 for DAVIDOFF, registered since September 1, 1981;<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>International trademark registration No. 467510 for DAVIDOFF, with designations including China, registered since January 27, 1982;<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>International trademark registration No. 876874 for DAVIDOFF (stylised), with designations including China, registered since November 7, 2005;<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>United States trademark registration No. 2609218 for DAVIDOFF, registered on August 20, 2002;<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>Swiss trademark registration No. 483579 for COOL WATER, registered since December 14, 2000;<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>International trademark registration No. 761286 for COOL WATER, with designations including China, registered since April 6, 2001; and<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>United States trademark registration No. 1735965 for COOL WATER, registered on December 1, 1992.<\/li>\n<\/ul>",
    "decision_domains": {
        "thedavidoff.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}