{
    "case_number": "CAC-UDRP-108903",
    "time_of_filling": "2026-09-04 09:31:09",
    "domain_names": [
        "temuhdtv.com",
        "temuhd-tv.com"
    ],
    "case_administrator": "Olga Slanařová (Case admin)",
    "complainant": [
        "Whaleco Technology Limited"
    ],
    "complainant_representative": "Thomsen Trampedach GmbH",
    "respondent": [
        "Teddy Warren (TemuHDTV)",
        "Breaking Cable  TV (Breaking Cable TV)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The amended Complaint identifies Whaleco Technology Limited, an Irish company, in the Complainant field. Its request for consolidation additionally names Whaleco Inc., a Delaware company, as a co-complainant. According to Jake M. Christensen, Senior Legal Counsel at Whaleco Inc., these companies are affiliated and operate the TEMU online marketplace at &lt;temu.com&gt; and via mobile applications. He states that TEMU launched in the United States in September 2022 and that Five Bells Limited, the registered owner of the trademarks cited, licenses those marks within the corporate group (Annex 1). The Complainant has used the TEMU trademarks continuously since at least September 1, 2022. The marketplace expanded to Australia, New Zealand and several European countries in 2023 and is now available in approximately 100 countries. Its application exceeded 100 million downloads within its first year and ranked first in download volume among free apps on the Apple App Store and Google Play Store in 2024 and 2025 (Annex 1, paragraph 3).<\/p>\n<p>The Respondent registered the disputed domain name &lt;temuhdtv.com&gt; on August 24, 2025, and the disputed domain name &lt;temuhd-tv.com&gt; on July 6, 2026 (Annex 2). Both disputed domain names resolve to websites offering paid IPTV and online television subscription services under the names &ldquo;TemuHDTV&rdquo; and &ldquo;Temu HD TV&rdquo; (Annex 1, paragraphs 9 and 10; Annex 8).<\/p>\n<p><\/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><b>No administratively compliant Response has been filed.<\/b>&nbsp;<\/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": [
        "Nathalie Dreyfus"
    ],
    "date_of_panel_decision": "2026-10-19 00:00:00",
    "informal_english_translation": "<p>The Complainants, Whaleco Technology Limited and Whaleco Inc. (hereinafter collectively referred to as &ldquo;the Complainant&rdquo;, see the section &ldquo;Procedural Factors&rdquo; below), invoke rights in the TEMU trademarks registered in the name of their affiliate Five Bells Limited, of which they are the exclusive licensees (Annex 1, paragraph 4).<\/p>\n<p>&nbsp;<\/p>\n<p>A trademark owner&rsquo;s affiliate or exclusive trademark licensee is considered to have rights in a trademark for the purposes of standing to file a UDRP complaint (WIPO Overview of WIPO Panel Views on Select UDRP Questions (&ldquo;WIPO Overview 3.1&rdquo;), section 1.4.1). The relationship between the Complainants and Five Bells Limited and the exclusive license granted to the Complainants are explained in the Christensen Declaration (Annex 1, paragraphs 2 and 4), and the Panel infers from these facts and circumstances that the trademark owner has authorized the Complainants to file the present Complaint. The Complainants therefore have standing to file the present Complaint.<\/p>\n<p>The trademark registrations relied upon include, in particular, the following (Annexes 5 to 7):<\/p>\n<ul>\n<li>United States word trademark &ldquo;TEMU&rdquo;, Registration No. 7,164,306, registered on September 12, 2023, in Class 35 for online marketplace services;<\/li>\n<li>United States word trademark &ldquo;TEMU&rdquo;, Registration No. 7,157,165, registered on September 5, 2023, in Class 9 for computer software relating to online shopping;<\/li>\n<li>United States word trademark &ldquo;TEMU&rdquo;, Registration No. 7,329,132, registered on March 12, 2024, in Class 35 for advertising and marketing-related services;<\/li>\n<li>United States figurative trademark, Registration No. 7,145,476, registered on August 22, 2023, in Class 35 for online marketplace services;<\/li>\n<li>United States figurative trademark, Registration No. 7,157,220, registered on September 5, 2023, in Class 9 for online shopping software;<\/li>\n<li>European Union word trademark &ldquo;TEMU&rdquo;, No. 018754877, registered on December 17, 2022, in Classes 9, 35, 38 and 42, covering in particular downloadable software applications and the provision of an online marketplace for buyers and sellers of goods and services;<\/li>\n<li>European Union word trademark &ldquo;TEMU&rdquo;, No. 018816489, registered on April 18, 2023, in Classes 36, 39, 41 and 45, covering in particular, in Class 41, the provision of online videos and of films, not downloadable, via video-on-demand services.<\/li>\n<\/ul>\n<p>The Complainants further rely on the TEMU online marketplace operated at:<\/p>\n<ul>\n<li>&lt;temu.com&gt; (see the Christensen Declaration, Annex 1, paragraphs 2&ndash;5).<\/li>\n<\/ul>",
    "decision_domains": {
        "temuhdtv.com": "TRANSFERRED",
        "temuhd-tv.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}