Outletecoalfmadrid.com

The timeline behind outletecoalfmadrid.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 AND MEDIATION CENTER ADMINISTRATIVE PANEL DECISION ECOALF Recycled Fabrics, S.L. v. 黄保传 Case No. D2026-3023 1. The Parties Complainant is ECOALF Recycled Fabrics, S.L., Spain, represented by Baylos 5.0 Legal Advisors, S.L., Spain. Respondent is 黄保传, China. 2. The Domain Name and Registrar The disputed domain name <outletecoalfmadrid.com> (the “Domain Name”) is registered with Vantage of Convergence (Chengdu) Technology Co., Ltd. (the “Registrar”). 3. Procedural History The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on July 9, 2026. On July 9, 2026, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On July 13, 2026, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent (UNKOWN) and contact information in the Complaint. The Center sent an email communication to Complainant on July 16, 2026, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint in English on July 20, 2026. On July 16, 2026, the Center informed the Parties in Chinese and English, that the language of the Registration Agreement for the Domain Name is Chinese. On July 17, 2026, Complainant confirmed its request that English be the language of the proceeding. Respondent did not submit any comment on Complainant’s submission. The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”). page 2 In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent in Chinese and English of the Complaint, and the proceedings commenced on July 28, 2026. In accordance with the Rules, paragraph 5, the due date for Response was August 17, 2026. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on August 20, 2026. The Center appointed Kimberley Chen Nobles as the sole panelist in this matter on August 24, 2026. The Panel finds 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 Complainant, a Spanish company, designs, manufactures and markets garments and accessories made from sustainable materials as of 2012. Complainant owns numerous registered trademarks for the ECOALF mark, either alone or in combination with other terms, including: - Spanish registered trademark number M2857649 for ECOALF 1.0, registered on June 26, 2009; and - Chinese registered trade mark number G1023027 for ECOALF 1.0, registered on September 7, 2009; and - European Union registered trademark number 018091933 for ECOALF, registered on February 13, 2020. Complainant also owns several registered trademarks for ECOALF BECAUSE THERE IS NO PLANET B, for example, European Union registered trademark number 018091936, registered on February 13, 2020 . These trademarks will hereinafter be referred to as the “ECOALF trademarks”. Complainant also owns the domain name <ecoalf.com>, which it operates as its official website. The Domain Name was registered on November 4, 2025, and resolves to a website that prominently displays Complainant’s ECOALF trademarks, with content that has the look and feel of Complainant’s genuine website, including its photos. Respondent promotes purported ECOALF products with steep discounts. Complainant had contacted the Registrar and the Internet service provider on multiple occasions in an attempt to resolve this matter. However, no response has been received. 5. Parties’ Contentions A. Complainant Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the Domain Name. Notably, Complainant contends that (i) the Domain Name is confusingly similar to Complainant’s trademark; (ii) Respondent has no rights or legitimate interests in the Domain Name; and (iii) Respondent registered and is using the Domain Name in bad faith. In particular, Complainant contends that it has trademark registrations and rights for ECOALF and that Respondent registered and is using the Domain Name, with the intention to confuse Internet users looking for bona fide and well-known ECOALF products. Complainant notes that it has no affiliation with Respondent, nor authorized Respondent to register or use a domain name which includes Complainant’s trademark, and that Respondent has no rights or legitimate interests in the registration and use of the Domain Name. Rather, Complainant contends that Respondent has acted in bad faith in acquiring and setting up the Domain Name, when Respondent clearly knew of page 3 Complainant’s rights. Specifically, Complainant asserts that Respondent is attempting to create confusion by using Complainant’s trademark, to attract users looking for Complainant’s products to Respondent’s website. B. Respondent Respondent did not reply to Complainant’s contentions. 6. Discussion and Findings 6.1. Preliminary Issue: Language of the Proceedings The Rules, in paragraph 11(a), provide that unless otherwise agreed by the parties or specified otherwise in the registration agreement between the respondent and the registrar in relation to the disputed domain name, the language of the proceedings shall be the language of the registration agreement, subject to the authority of the panel to determine otherwise, having regard to the circumstances of the administrative proceedings. In its Complaint and amended Complaint, Complainant submitted its request that the language of the proceeding should be English. According to the information received from the Registrar, the language of the Registration Agreement for the Domain Name is Chinese. Respondent did not submit any comment on Complainant’s submission. Complainant submits that English is the language for international commerce and the current matter is an international business conflict; that Complainant’s native language is Spanish and Respondent’s native language might be Chinese, so that English is a neutral language; that Respondent owns the Domain Name which contain English words such as “outlet”, indicating that he understands English; the conflict itself does not have any connection with the Chinese language, but is instead highly connected to the English language; and in a prior case, involving similar circumstances, the Panel had determined that English should be the language of the administrative proceeding. In exercising its discretion to use a language other than that of the Registration Agreement for the Domain Name, 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. The Panel accepts Complainant’s submissions regarding the language of the proceeding. The Panel also notes that the Domain Name is formed using Latin characters, and resolves to a website with some information in English. The Panel further notes that the Center notified the Parties in Chinese and English of the language of the proceeding as well as notified Respondent in Chinese and English of the formal commencement of the proceeding. Respondent chose not to comment on the language of the proceeding, nor did Respondent choose to file a Response in Chinese or English, and that under paragraph 11(a) of the Rules, the Panel may determine the language of the proceeding having taken into consideration the totality of the circumstances. Having considered all the circumstances of this case, the Panel determines that English be the language of the proceeding. 6.2. Substantive Issues Under paragraph 4(a) of the Policy, to succeed Complainant must satisfy the Panel that: (i) the Domain Name is identical or confusingly similar to a trademark or service mark in which Complainant has rights; (ii) Respondent has no rights or legitimate interests in respect of the Domain Name; and page 4 (iii) the Domain Name was registered and is being used in bad faith. Section 4.3 of the WIPO Overview of WIPO Panel Views on Select UDRP Questions (“WIPO Overview 3.1”) states that failure to respond to the complainant’s contentions would not by itself mean that the complainant is deemed to have prevailed; a respondent’s default is not necessarily an admission that the complainant’s claims are true. Thus, although in this case Respondent has failed to respond to the Complaint, the burden remains with Complainant to establish the three elements of paragraph 4(a) of the Policy by a preponderance of the evidence. A. Identical or Confusingly Similar Complainant has provided evidence of its rights in the ECOALF trademarks, as noted above. Complainant has therefore proven that it has the requisite rights in the ECOALF trademarks. Complainant’s ECOALF trademarks will hereinafter be referred to in the singular, as “the ECOALF trademark”. With Complainant’s rights in the ECOALF trademark established, the remaining question under the first element of the Policy is whether the Domain Name, typically disregarding the Top-Level Domain (“TLD”) in which it was registered (in this case, “.com”), is identical or confusingly similar to Complainant’s trademark. See, e.g., B & H Foto & Electronics Corp. v. Domains by Proxy, Inc. / Joseph Gross, WIPO Case No. D2010- 0842. Here, the Domain Name is confusingly similar to Complainant’s ECOALF trademark. The ECOALF trademark is recognizable in the Domain Name. The addition of the term “outlet” preceding Complainant’s mark and the term “madrid” following Complainant’s mark in the Domain Name does not prevent a finding of confusing similarity between the Domain Name and the ECOALF trademark. See section 1.9 of the WIPO Overview 3.1. Thus, the Panel finds that Complainant has satisfied the first element of the Policy. B. Rights or Legitimate Interests Under paragraph 4(a)(ii) of the Policy, a complainant must make a prima facie showing that a respondent possesses no rights or legitimate interests in a disputed domain name. Once a complainant makes such a prima facie showing, the burden of production shifts to the respondent, though the burden of proof always remains on the complainant. If the respondent fails to come forward with relevant evidence showing rights or legitimate interests, the complainant will have sustained its burden under the second element of the UDRP. See section 2.1 of the WIPO Overview 3.1. From the record in this case, it is evident that Respondent was, and is, aware of Complainant and its ECOALF trademark and does not have any rights or legitimate interests in the Domain Name. Complainant has confirmed that Respondent is not affiliated with Complainant, or otherwise authorized or licensed to use the ECOALF trademark or to seek registration of any domain name incorporating the trademark. Respondent is also not known to be associated with the ECOALF trademark and there is no evidence showing that Respondent has been commonly known by the Domain Name. In addition, Respondent has not used the Domain Name in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use. The Panel notes that the Domain Name directs to a website that displays Complainant’s trademarks, with content that has the look and feel of Complainant’s genuine website, including its photos. Respondent presents itself as “Outlet Ecoalf Madrid” and promotes purported ECOALF products with substantial discounts. page 5 Accordingly, Complainant has provided evidence supporting its prima facie showing that Respondent lacks any rights or legitimate interests in the Domain Name. Respondent has failed to produce countervailing evidence of any rights or legitimate interests in the Domain Name. Thus, the Panel concludes that Respondent does not have any rights or legitimate interests in the Domain Name and Complainant has met its burden under paragraph 4(a)(ii) of the Policy. C. Registered and Used in Bad Faith The Panel finds that Respondent’s actions indicate that Respondent registered and is using the Domain Name in bad faith. Paragraph 4(b) of the Policy provides a non-exhaustive list of circumstances indicating bad faith registration and use on the part of a respondent, namely: “(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your website or other online location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your website or location or of a product or service on your website or location.” The Panel finds that Complainant has provided ample evidence to show that registration and use of the ECOALF trademark predate the registration of the Domain Name. Complainant is also well established and known; indeed, the record shows that Complainant’s ECOALF trademark and related products are known and recognized for purposes of the Policy. Therefore, and also noting the use analysis below, Respondent was clearly aware of the ECOALF trademark when it registered the Domain Name. The Panel therefore finds that Respondent’s awareness of Complainant’s trademark rights at the time of registration suggests bad faith. See Red Bull GmbH v. Credit du Léman SA, Jean-Denis Deletraz, WIPO Case No. D2011-2209; Nintendo of America Inc v. Marco Beijen, Beijen Consulting, Pokemon Fan Clubs Org., and Pokemon Fans Unite, WIPO Case No. D2001-1070; and BellSouth Intellectual Property Corporation v. Serena, Axel, WIPO Case No. D2006-0007. Moreover, the Domain Name’s inclusion of Complainant’s trademark in its entirety, with the addition of the terms “outlet” and “madrid” respectively preceding and following Complainant’s mark in the Domain Name as discussed above, is intended to confuse Internet users into believing that the Domain Name belongs to Complainant. Such adoption of Complainant’s trademark at the time of registration of the Domain Name serves to pass off a website as being associated with a trademark owner, where individuals seek to pass themselves off as companies or entities in the hopes of seeking an advantage, from current or potential clients of those companies or entities. In the current instance, the term “outlet” infers that the website is associated as an outlet for Complainant’s products, while the geographical term “madrid” – a city in Spain - infers association with Complainant, a Spanish company. page 6 In addition, Respondent’s use of the Domain Name, as discussed above, is not in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use. Respondent’s website displays Complainant’s trademarks, with content that has the look and feel of Complainant’s genuine website, including its photos. Respondent presents itself as “Outlet Ecoalf Madrid” and promotes purported ECOALF products with steep discounts. UDRP panels have consistently held that a respondent’s use of a domain name to trade off goodwill in a complainant’s well-known trademark, as here, constitutes bad faith. See Philip Morris Products S.A. v. homn mohmoodi, WIPO Case No. D2022-4158. Moreover, such use of the Domain Name may potentially result in tarnishing Complainant’s reputation and goodwill. Finally, the Panel also notes the failure of Respondent to submit a Response and considers such factor further supports Respondent’s registration and use constitutes bad faith. In the present circumstances, considering the reputation of the ECOALF trademark, and the composition and use of the Domain Name, the Panel finds that Respondent registered and is using the Domain Name in bad faith pursuant to paragraph 4(b)(iv) of the Policy. Therefore, the Panel finds that Complainant succeeds under the third element of paragraph 4(a) of the Policy. 7. Decision For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name <outletecoalfmadrid.com> be transferred to Complainant. /Kimberley Chen Nobles/ Kimberley Chen Nobles Sole Panelist Date: August 27, 2026

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