FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
The applicant NOTINO LIMITED, reg. No.: 248505, a company with its registered seat at 1015 Nicosia, Athinon, 5, Hourdovadgis House, Cyprus (hereinafter the „NOTINO LIMITED“), is the sole shareholder of the company Notino, s.r.o., reg. No.: 27609057, with its registered seat at Londýnské náměstí 881/6, Štýřice, 639 00 Brno, the Czech Republic (hereinafter the „Notino“).
NOTINO LIMITED is the holder of the domain <notino.cz> and other variations (such as <notino.sk>, <notino.pl>, <notino.it>, <notino.dk>, <notino.hu>, etc.), on which Notino runs e-shops with cosmetics, perfumes and other related goods in almost all the European Union and also outside the EU and the brand and eshops are well establish within the EU and its customers.
NOTINO LIMITED is also the owner of the following trademarks:
- „NOTINO“, No. 015221815, verbal;
- „NOTINO TODAY IS YOURS“, No. 015944127, figurative;
- „NOTINO TRY&BUY“, No. 016743965, figurative;
- „NOTINO TRY&BUY“, No. 016804049, figurative;
- „NOTINO“, No. 017471574, verbal;
- „NOTINO“, No. 018071749, figurative.
Those marks are valid, among others, for Classes 35 and 39 of the Nice Classification, which protect retail services and the transport of goods to customers.
Notino is the owner of the corporate name “Notino, s.r.o.”, as shown in the extract from the commercial register of Notino.
On the e-shops www.notino.cz (and other variations), Notino sells cosmetics and other goods to the end-customers. All the services provided are protected by the NOTINO trademarks.
The disputed domain names <notinos.club> was registered by the Respondent at the registrar Go Daddy, LLC.
After entering the disputed domain name into an Internet browser and coming to the website www.notinos.club, the webpage is blank.
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