{
    "case_number": "CAC-UDRP-108780",
    "time_of_filling": "2026-07-01 10:24:39",
    "domain_names": [
        "capsnewera.com",
        "mexico-newera.com",
        "neweracapvip.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "New Era Cap, LLC"
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "Nino SAR",
        "Calvo Nalo",
        "Salzi"
    ],
    "respondent_representative": null,
    "factual_background": "<p><strong>A<\/strong>.<strong> Complainant<\/strong>'<strong>s Assertions<\/strong><\/p>\n<p>The Complainant is a United States company founded in 1920 and is a well-known manufacturer of headwear and apparel. It has supplied on-field caps for Major League Baseball since 1993 and markets and sells its products internationally through official websites, authorised retailers and licensing arrangements.<\/p>\n<p>The Complainant markets and sells its products through official websites and maintains an extensive presence on major social media platforms.<\/p>\n<p><strong>B<\/strong>. <strong>Respondent<\/strong>'<strong>s Position<\/strong><\/p>\n<p>The Respondent did not file a Response. &nbsp;&nbsp;<\/p>\n<p><strong>C<\/strong>.<strong> Disputed Domain Names<\/strong><\/p>\n<p>The disputed domain names were registered in April 2026.<\/p>\n<p>The evidence indicates that the disputed domain names were used for websites displaying the Complainant's NEW ERA trade mark and presenting themselves as offering genuine NEW ERA products. The Complainant contends that the websites impersonated it and offered counterfeit products. Following notices submitted by the Complainant to the relevant service providers, the websites subsequently became inactive.<\/p>",
    "other_legal_proceedings": "<p>The Panel is unaware of any other pending or decided legal proceedings in respect of the domain names &lt;capsnewera.com&gt; and &lt;mexico-newera.com&gt; and &lt;neweracapvip.com&gt; (the \"disputed domain names\").<\/p>",
    "no_response_filed": "<p><strong>A<\/strong>.<strong> Complainant<\/strong><\/p>\n<p><strong>A<\/strong>.<strong>1 The disputed domain names are identical or confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n<p>The Complainant submits that each disputed domain name incorporates its NEW ERA trade mark in its entirety. The addition of descriptive or geographical terms, including \"mexico\", \"cap\", \"caps\" and \"vip\", does not prevent a finding of confusing similarity.<\/p>\n<p><strong>A<\/strong>.<strong>2 <\/strong><strong>The Respondent has no rights or legitimate interests in respect of the disputed domain names<\/strong><\/p>\n<p>The Complainant submits that the Respondent has never been authorised to use its NEW ERA trade mark, is not commonly known by the disputed domain names and has no rights or legitimate interests in them.<\/p>\n<p>The Complainant further contends that the disputed domain names were used for websites offering counterfeit NEW ERA products while impersonating the Complainant.<\/p>\n<p><strong>A<\/strong>.<strong>3 <\/strong><strong>The disputed domain names were registered and are being used in bad faith<\/strong><\/p>\n<p>The Complainant submits that the Respondent registered the disputed domain names with knowledge of the Complainant's well-known NEW ERA trade mark and intentionally used them to attract Internet users for commercial gain by creating a likelihood of confusion with the Complainant. &nbsp;<\/p>\n<p><strong>A<\/strong>.<strong>4 Consolidation Request<\/strong><\/p>\n<p>The Complainant requests consolidation of the Complaint pursuant to paragraphs 3(c) and 10(e) of the UDRP Rules. It submits that, notwithstanding the differing registrant details disclosed by the registrar, the disputed domain names are subject to common control.<\/p>\n<p>In support of that request, the Complainant relies upon the close temporal proximity of the registrations, the use of the same registrar, hosting provider and IP address, the common incorporation of the Complainant's NEW ERA trade mark, the similar naming pattern adopted, the substantially identical appearance and operation of the associated websites, and the apparent unreliability of the disclosed registrant information.<\/p>\n<p><strong>A<\/strong>.<strong>5 Relief Sought <\/strong><\/p>\n<p>The Complainant requests that the disputed domain names &lt;capsnewera.com&gt; and &lt;mexico-newera.com&gt; and &lt;neweracapvip.com&gt; be transferred to it in accordance with paragraph 4(i) of the UDRP Policy.<\/p>\n<p><strong>B<\/strong>. <strong>Respondent<\/strong><\/p>\n<p>No Response was filed. 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.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown that the disputed domain names are 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": "<p>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 names (within the meaning of paragraph 4(a)(ii) of the UDRP Policy).<\/p>",
    "bad_faith": "<p>The Complainant has, to the satisfaction of the Panel, shown that the disputed domain names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the UDRP Policy).<\/p>",
    "procedural_factors": "<p><strong>1<\/strong>.<strong> Consolidation<\/strong><\/p>\n<p>The Complaint has been brought against multiple respondents in respect of multiple disputed domain names.<\/p>\n<p>Paragraph 3(c) of the UDRP Rules permits a complaint to relate to more than one domain name only where those domain names are registered by the same domain-name holder. Paragraph 10(e) of the UDRP Rules nevertheless confers upon the Panel a discretion to consolidate multiple domain name disputes where appropriate.<\/p>\n<p>The Panel has considered the Complaint, the UDRP Rules, and the approach reflected in section 4.11.2 of the WIPO Overview of WIPO Panel Views on Select UDRP Questions (the \"WIPO Jurisprudential Overview 3.1\").<\/p>\n<p>In determining whether consolidation is appropriate, panels generally consider whether the disputed domain names are subject to common control and whether consolidation would be fair and equitable to all parties while promoting procedural efficiency.<\/p>\n<p>Although the registrar verification disclosed different registrant names and contact details, the Panel is satisfied, on the balance of probabilities, that the disputed domain names are subject to common control.<\/p>\n<p>The Panel reaches that conclusion having regard to the totality of the evidence, including the close temporal proximity of the registrations, the common naming pattern adopted, the incorporation of the Complainant's NEW ERA trade mark in each disputed domain name, and the substantially identical appearance, operation and commercial purpose of the associated websites.<\/p>\n<p>Considered collectively, these circumstances establish, on the balance of probabilities, that the disputed domain names are subject to common control, notwithstanding the differences in the disclosed registrant details.<\/p>\n<p>Accordingly, the Panel grants the Complainant&rsquo;s request for consolidation.<\/p>\n<p><strong>2<\/strong>.<strong> Miscellaneous<\/strong><\/p>\n<p>The Panel is satisfied that all procedural requirements under the UDRP Policy, the UDRP Rules and the CAC Supplemental Rules have been met. There is no other reason why the Panel should refrain from issuing this procedural determination.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Gustavo Moser"
    ],
    "date_of_panel_decision": "2026-07-26 00:00:00",
    "informal_english_translation": "<p>The Complainant, New Era Cap, LLC, owns numerous trade marks for NEW ERA, including:<\/p>\n<p style=\"padding-left: 40px;\">&bull; United States trade mark registration no. 74450431 (figurative mark), registered on 21 January 1997; and<\/p>\n<p style=\"padding-left: 40px;\">&bull; United States trade mark registration no. 7275331 (word mark), registered on 16 January 2024.<\/p>\n<p>The Complainant also owns and operates numerous domain names incorporating its NEW ERA trade mark, including &lt;neweracap.com&gt;, registered in 1996.<\/p>",
    "decision_domains": {
        "capsnewera.com": "TRANSFERRED",
        "mexico-newera.com": "TRANSFERRED",
        "neweracapvip.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}