A) OTHERSTORIESOUTLET.COM
Complainant no. 1, H&M, owns and controls all rights in relation to the & OTHER STORIES trademark.
Across its core brands, the H&M Group offers customers a wealth of styles and trends across fashion, beauty, accessories homeware and food. H&M operate in more than 5,000 stores across 74 markets and as of 2020, employed around 153,000 people. As of 2020, H&M brought in a total of 187 billion Swedish krona (crowns) in net sales.
The & OTHER STORIES brand was founded in 2010. The brand is most well-known in relation to its one-stop-shop function for women’s fashion. The brand predominantly operates from the website <www.stories.com>, which has been active as a commercial website, since 2013.
The disputed domain name <otherstoriesoutlet.com> was registered on 26 January 2021 and is held by the Respondent.
The disputed domain name website <otherstoriesoutlet.com> (i.e. website available under internet address containing the disputed domain name <otherstoriesoutlet.com>) is an active website that mimics official website of H&M available at www.stories.com. It contains H&M's trade marks, H&M's copyrighted images and overall is designed to show an association with H&M, the & OTHER STORIES trademark and its business.
B) OFF-WHITEOUTLETSTORE.COM
Complainant no. 2, Off-White, is the owner and controller of the OFF-WHITE brand.
Off-White is a luxury fashion brand created by Virgil Abloh in 2013. Off-White’s products have been widely promoted and sold worldwide and have received a great deal of recognition within the fashion industry and amongst celebrities.
The OFF-WHITE brand is internationally recognised as a luxury fashion brand and sold through exclusive retail outlets such as Harrods and Selfridges and via luxury e-commerce platforms such as Farfetch, Mr Porter and Net-a-Porter in the United Kingdom. Customers therefore expect and rely on the extremely high quality of the Off-White products which is reflected in the price point of those products.
The disputed domain name <off-whiteoutletstore.com> was registered on 20 March 2021 and is held by the Respondent.
The disputed domain name website <off-whiteoutletstore.com> (i.e. website available under internet address containing the disputed domain name <off-whiteoutletstore.com>) is an active website that mimics official website of Off-White. It contains Off-White 's trade marks, Off-White 's copyrighted images and overall is designed to show an association with Off-White, OFF-WHITE trademark and its business.
C) TEDBAKERFASHIONOUTLET.COM
Complainant no. 3, Ted Baker, is a British company founded in 1998, which operates in the clothing retail industry, offering menswear, womenswear and accessories. It has around 2,000 employees, 490 stores and concessions worldwide.
Ted Baker has several stand-alone stores in the UK. The Ted Baker range is also sold by other retailers (which it refers to as Ted Baker Trustees), in stores of the John Lewis Partnership and House of Fraser. Ted Baker also has stores at Bicester Village Retail Outlet, Swindon Designer Outlet, Portsmouth's Gunwharf Quays and Cheshire Oaks Designer Outlet. There is a Ted Baker concession in all Selfridges & Co stores; London, Birmingham, Manchester and the Trafford Centre. Ted Baker also has stores and outlets in Europe, the United States, Canada, Australia, Asia, South Africa and the Middle East.
Ted Baker’s main e-commerce website can be found at www.tedbaker.com.
The disputed domain name <tedbakerfashionoutlet.com> was registered on 20 April 2021 and is held by the Respondent.
The disputed domain name website <tedbakerfashionoutlet.com> (i.e. website available under internet address containing the disputed domain name <tedbakerfashionoutlet.com>) is an active website that mimics official website of Ted Baker. It contains Ted Baker’s trademarks, Ted Baker’s copyrighted images and overall is designed to show an association with Ted Baker, TED BAKER trademarks and its business.
The Complainants request the Panel appointed in this administrative proceeding that the Disputed Domain Names be transferred in the following way:
<off-whiteoutletstore.com> transferred to Off-White LLC
<otherstoriesoutlet.com> transferred to H & M Hennes & Mauritz AB
<tedbakerfashionoutlet.com> transferred to No Ordinary Designer Label Limited t/a Ted Baker
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