Sportchekdiscount.com

The timeline behind sportchekdiscount.com

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

ARBITRATION AN D MEDIATION CENTER ADMINISTRATIVE PANEL DECISION FGL Sports Ltd. v. chen ming juan 18707152476 Case No. D2025-0684 1. The Parties The Complainant is FGL Sports Ltd., Canada, represented by Norton Rose Fulbright Canada LLP, Canada. The Respondent is chen ming juan 18707152476, China. 2. The Domain Name and Registrar The disputed domain name <sportchekdiscount.com> is registered with Gname.com Pte. Ltd. (the “Reg istrar”). 3. Procedural History The Complaint was f iled in English with the WIPO Arbitration and Mediation Center (the “Center”) on February 20, 2025. On February 20, 2025, the Center transmitted by email to the Registrar a request f or registrar verification in connection with the disputed domain name. On February 21, 2025, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact inf ormation f or the disputed domain name which differed from the named Respondent (Redacted f or Privacy) and contact inf ormation in the Complaint. The Center sent an email communication in Chinese and English to the Complainant on February 24, 2025, providing the registrant and contact inf ormation disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint in English on March 1, 2025. On February 24, 2025, the Center inf ormed the parties in Chinese and English, that the language of the Registration Agreement f or the disputed domain name is Chinese. On March 1, 2025, the Complainant requested English to be the language of the proceeding. The Respondent did not submit any comment on the Complainant’s submission. The Center verif ied that the Complaint together with the amended Complaint satisf ied the f ormal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules f or Unif orm Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules f or Unif orm Domain Name Dispute Resolution Policy (the “Supplemental Rules”). page 2 In accordance with the Rules, paragraphs 2 and 4, the Center formally notif ied the Respondent in Chinese and English of the Complaint, and the proceeding commenced on March 4, 2025. In accordance with the Rules, paragraph 5, the due date for Response was March 24, 2025. The Respondent did not submit any response. Accordingly, the Center notif ied the Respondent’s def ault on March 29, 2025. The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on April 4, 2025. The Panel f inds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background A. Complainant The Complainant is the largest retailer in Canada of sports clothing and equipment, operating under the word and device trade mark SPORTCHEK (the “Trad e Mark”) since 1991. The Complainant is the owner of several registrations for the Trade Mark in Canada, including registration No . TMA578781 (word mark), with a registration date of April 2, 2003; and registration No. TMA641931 (device mark), with a registration date of June 14, 2005. In addition to its of f line retail stores, the Complainant operates its online business via its website at “www.sportchek.ca”. B. Respondent The Respondent is reportedly an individual located in China. C. The Disputed Domain Name The disputed domain name was registered on December 27, 2024. D. Use of the Disputed Domain Name The disputed domain name resolved to an English language website, impersonating the Complainant’s of ficial website, featuring the Complainant’s device Trade Mark, purportedly offering for sale sports clothing and equipment, and containing a page inviting users to enter their contact details and email addresses to “[r]eceive exclusive of f ers and marketing updates” (the “Web site”). 5. Parties’ Contentions A. Complainant The Complainant contends that it has satisfied each of the elements required under the Policy f or a transf er of the disputed domain name. Notably, the Complainant contends that the Respondent has used the disputed domain name illegitimately in respect of the Website, in order to impersonate the Complainant or engage in other types of f raud. B. Respondent The Respondent did not reply to the Complainant’s contentions. page 3 6. Discussion and Findings Language of the Proceeding The language of the Registration Agreement f or the disputed domain name is Chinese. Pursuant to the Rules, paragraph 11(a), in the absence of an agreement between the parties, or unless specif ied otherwise in the registration agreement, the language of the administrative proceeding shall be the language of the registration agreement. The Complaint was filed in English. The Complainant requested that the language of the proceeding be English f or several reasons, including the f act that the Website is an English language website. The Respondent did not make any specific submissions with respect to the language of the proceeding. In exercising its discretion to use a language other than that of the registration agreement, the Panel has to exercise such discretion judicially in the spirit of fairness and justice to both parties, taking into account all relevant circumstances of the case, including matters such as the parties’ ability to understand and use the proposed language, time and costs (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0 ”), section 4.5.1). Having considered all the matters above, the Panel determines under paragraph 11(a) of the Rules that the language of the proceeding shall be English. A. Identical or Confusingly Similar It is well accepted that the f irst element f unctions primarily as a standing requirement. The standing (or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison between the Complainant’s trade mark and the disputed domain name. WIPO Overview 3.0 , section 1.7. The Complainant has shown rights in respect of a trade mark or service mark for the purposes of the Policy. WIPO Overview 3.0 , section 1.2.1. The entirety of the mark is reproduced within the disputed domain name. Accordingly, the disputed domain name is confusingly similar to the mark f or the purposes of the Policy. WIPO Overview 3.0 , section 1.7. Although the addition of other terms (here, “discount”) may bear on assessment of the second and third elements, the Panel finds the addition of such term does not prevent a f inding of confusing similarity between the disputed domain name and the mark for the purposes of the Policy. WIPO Overview 3.0 , section 1.8. The Panel f inds the f irst element of the Policy has been established. B. Rights or Legitimate Interests Paragraph 4(c) of the Policy provides a list of circumstances in which the Respondent may demonstrate rights or legitimate interests in a disputed domain name. Although the overall burden of proof in UDRP proceedings is on the complainant, panels have recognized that proving a respondent lacks rights or legitimate interests in a domain name may result in the difficult task of “proving a negative”, requiring information that is of ten primarily within the knowledge or control of the respondent. As such, where a complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the burden of production on this element shifts to the respondent to come f orward with relevant evidence demonstrating rights or legitimate interests in the domain name (although the burden of proof always remains on the complainant). If the respondent f ails to come f orward with such relevant evidence, the complainant is deemed to have satisf ied the second element. WIPO Overview 3.0 , section 2.1. page 4 Having reviewed the available record, the Panel finds the Complainant has established a prima f acie case that the Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent has not rebutted the Complainant’s prima facie showing and has not come f orward with any relevant evidence demonstrating rights or legitimate interests in the disputed domain name such as those enumerated in the Policy or otherwise. Panels have held that the use of a domain name for illegitimate activity (here, impersonation/passing of f , or other types of fraud) can never confer rights or legitimate interests on a respondent. WIPO Overview 3.0 , section 2.13.1. The Panel f inds the second element of the Policy has been established. C. Registered and Used in Bad Faith The Panel notes that, f or the purposes of paragraph 4(a)(iii) of the Policy, paragraph 4(b) of the Policy establishes circumstances, in particular, but without limitation, that, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad f aith. Panels have held that the use of a domain name for illegitimate activity (here, impersonation/passing of f , or other types of fraud) constitutes bad faith. WIPO Overview 3.0 , section 3.4. Having reviewed the record, the Panel f inds the Respondent’s registration and use of the disputed domain name constitutes bad f aith under the Policy. The Panel f inds that the Complainant has established the third element of the Policy. 7. Decision For the f oregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <sportchekdiscount.com> be transf erred to the Complainant. /Sebastian M.W. Hughes/ Sebastian M.W. Hughes Sole Panelist Date: April 15, 2025

Source of record: WIPO . Reproduced for research; WIPO is the authoritative source.