{
    "case_number": "CAC-UDRP-102917",
    "time_of_filling": "2020-02-17 12:46:29",
    "domain_names": [
        "penttair.org  "
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Pentair Flow Service AG"
    ],
    "complainant_representative": "HSS IPM GmbH",
    "respondent": [
        "Frank Dellaquila"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\ni)\tABOUT COMPLAINANT AND THE BRAND PENTAIR\r\n\r\nThe Pentair Group (“Pentair Group”) is a water treatment organization with its parent company Pentair plc incorporated in Ireland, and its main U.S. office located in Minneapolis, Minnesota. Pentair plc was founded in the US in 1966, with 65% of company's revenue coming from the US and Canada as of 2017.\r\n\r\nFrom approximately 110 locations in 30 countries, the Pentair Group’s 10,000 employees are united in the unwavering belief that the future of water depends on Pentair’s Group. Pentair Group’s 2018 revenue was in excess of USD $3.0 billion.\r\n\r\nPentair Flow Services AG is the owner of the trademark PENTAIR registered in numerous countries, including U.S.A. (reg. no. 50003584), Switzerland (reg. no. 675144) and European Union (reg. no. 010829117).\r\n\r\nThe Complainant also owns, through an affiliated company, the domain names www.pentair.com (registered on 17.10.1996), www.penttair.net (registered on 25.12.2003), www.pentair.org (registered on 3.11.2010). \r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of pending or decided legal proceedings related to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nAs regards the First element of the Policy, the Complainant claims that the disputed domain name is confusingly similar to its prior trademark and domain name as the addition of the letter \"T\" in the middle of the domain name is not sufficient to exclude confusing similarity with PENTAIR.\r\n\r\nThe Complainant supports its allegations citing WIPO Overview 3.0., confirming that minor spelling variations do not prevent domain names from being confusingly similar to the Complainant's trademarks.\r\n\r\nFinally, the Complainant contends that TLD are disregarded when assessing confusing similarity as they are considered as standard registration requirements.\r\n\r\nAs regards the Second element of the Policy, the Complainant claims that the Respondent has no rights nor legitimate interest in registering the disputed domain name. According to the Complainant there is no evidence that the Respondent is known by the disputed domain name nor that the Respondent is authorized to use the disputed domain name.\r\n\r\nFurthermore as <penttair.org> is not used, the Complainant claims that there is no bona fide offering of goods and services nor legitimate noncommercial use for the purposes of the Policy.\r\n\r\nAs regards the Third element of the Policy, the Complainant contends that the disputed domain name is a misspelling of the PENTAIR trademark. This allegedly proves that the Respondent was aware of the Complainant rights on the PENTAIR trademark at the time of the registration of the disputed domain name. Further indexes of bad faith could be inferred by the non use of the disputed domain name and by fact that the there are several active MX records connected to the disputed domain name.\r\n\r\nRESPONDENT:\r\n\r\nNo administrative response was filed.",
    "rights": "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).",
    "no_rights_or_legitimate_interests": "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).",
    "bad_faith": "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).",
    "procedural_factors": "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.",
    "decision": "Accepted",
    "panelists": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2020-04-01 00:00:00",
    "informal_english_translation": "The Complainant proved to be the owner of the following trademarks:\r\n\r\ni) PENTAIR (& LOGO) - US Reg. no. 50003584;\r\n\r\nii) PENTAIR (& LOGO) - Swiss Reg. no. 675144;\r\n\r\niii) PENTAIR (& LOGO) - EUTM Reg. no. 010829117.\r\n\r\nThe Complainant also submitted a list of its trademarks and domain names registered in its name.",
    "decision_domains": {
        "PENTTAIR.ORG": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}