{ "case_number": "CAC-UDRP-103312", "time_of_filling": "2020-10-19 16:04:27", "domain_names": [ "xxx-lutz.net" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "XXXLutz Marken GmbH" ], "complainant_representative": "Grünecker Patent und Rechtsanwälte PartG mbB", "respondent": [ "Majup Hoffberg" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant draws Panel attention to previous UDRP decisions:\r\n\r\n- WIPO Case No. D2017-0381 Andrey Ternovskiy dba Chatroulette v. Protection of Private Person \/ Aleksandr Katkov, finding the respondent’s use of the domain name to redirect Internet users to pornographic websites “should and could not be considered a bona fide offering of goods or services”;\r\n\r\n- WIPO Case No. D2015-1200 L’Oréal v. Robert Caceres, Dollarviews, finding that use of a domain name for a website displaying pornographic videos “does not constitute an example of rights and legitimate interests as per paragraph 4(c) of the Policy”;\r\n\r\n- WIPO Case No. D2014-0883 Neste Oil Oyj v. Nesin Dmitry \/ Privacy Protection Service INC, noting that “pornographic content of the Respondent’s website ought to be regarded as a proof of lacking right or legitimate interest”.\r\n\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nI. The disputed domain name is confusingly similar to the protected mark\r\n\r\nAccording to the Complainant, the disputed domain name is confusingly similar to the XXXLutz mark as the domain name fully incorporates the XXXLutz mark, adding the purely generic top-level domain (“gTLD”) “net”. Even though there is a hyphen in the domain name between its elements “XXX” and “LUTZ”, the XXXLutz mark is clearly recognizable within the disputed domain name, as the relevant public perceives and pronounces the term “XXXLutz” as consisting of two elements, namely “XXX” and “Lutz”. \r\n\r\n\r\nII. The Respondent does not have any rights or legitimate interest in the disputed domain name\r\n\r\nThe Complainant states that it has not authorized the Respondent to use the distinctive and famous XXXLutz mark and name. \r\n\r\nThere is also no use nor any demonstrable preparations thereof concerning any use of the disputed domain name with respect to a bona fide and legitimate offering of goods or services, according to Policy 4(c)(i). \r\n\r\nAccording to the Complainant, the Respondent does not clearly draw the line between itself and the Complainant (respectively the XXXLutz Group). Rather to the contrary, by prominently using the XXXLutz logo on its website, the Respondent is actively creating the impression that it might be at least affiliated with the Complainant in some manner. \r\n\r\nFinally, the Complainant provides that the intention of the Respondent is obviously to aim at redirecting customers, thereby tarnishing the reputation of the XXXLutz trademarks at issue (Policy 4(c)(iii)), as the Respondent tries to create the impression that there may even be a connection between its services and the Complainant by prominently using the Complainant`s trademarks and referring to its services, without any clarification that in reality, no such affiliation exists. \r\n\r\n\r\nIII. The disputed domain name has been registered and is being used in bad faith\r\n\r\nAccording to the Complainant, the Respondent has registered and is using the disputed domain name in bad faith. The Respondent is actively using the Complainant's marks within the disputed domain name and the well-known XXXLutz logo on the website. Further, the Respondent refers to the XXXLutz Group’s furniture retail services in the website description. Therefore, it is evident that the Respondent was and is aware of the Complainant and its trademark rights. \r\n\r\nThe Complainant further states that it is also evident that, by registering and using the disputed domain name the Respondent has intentionally attempted to attract Internet users by creating a deliberate likelihood of confusion with the Complainant's XXXLutz mark for the sole purpose of generating traffic on the Respondent's website. \r\n\r\n", "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings relating to the disputed domain name.", "no_response_filed": "RESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN 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": [ "Mgr. Barbora Donathová, LL.M." ], "date_of_panel_decision": "2020-11-20 00:00:00", "informal_english_translation": "The Complainant is XXXLutz Marken GmbH, the intellectual property holding company of the XXXLutz Group (the Complainant). The XXXLutz Group is one of Europe’s largest retailers of furniture and related home accessories, with more than 25,700 employees and an annual turnover of over EUR 5.1 billion. It operates more than 320 furniture stores, most of them in Germany, Austria, Switzerland, the Czech Republic, Slovakia and Sweden under its highly well-known XXXLutz brand.\r\n\r\nThe Complainant states that it owns an important domain name portfolio, including the same distinctive wording \"XXXLUTZ” such as . Further online stores are operated by the XXXLutz Group under the domains , , , , and . Under the domain the user finds a website containing links to the respective nationalized online shops under the aforementioned domains as well as to the website under the domain , which is currently announcing the above-mentioned upcoming opening of Hungarian stores. Another domain currently forwards users to the central domain.\r\n\r\n\r\nThe Complainant states and provides evidence to support, that it is the owner of a large portfolio of trademarks including the word \"XXXLutz\", such as:\r\n\r\n- German Trademark Registration No. 30551204 “XXXLutz” (Word-Figurative mark for the XXXLutz logo), registered on November 17, 2005, in International classes 12, 14, 35, 37, 43;\r\n\r\n- German Trademark Registration No. 30551205 “XXXLutz” (Word mark), registered on November 17, 2005, in International classes 12, 14, 35, 37, 43;\r\n\r\n- European Trademark Registration No. 001553999 “XXX Lutz” (Figurative mark for the XXXLutz logo), registered on April 16, 2003, in International classes 16, 20, 21, 27;\r\n\r\n- European Trademark Registration No. 003765658 “XXXLutz” (Figurative mark for the XXXLutz logo), registered on June 29, 2005, in International classes 06, 11, 18, 19, 24, 25, 26, 28, 35.\r\n\r\nThe disputed domain name was registered on September 28, 2019.\r\n\r\n\r\n", "decision_domains": { "XXX-LUTZ.NET": "TRANSFERRED" }, "panelist": null, "panellists_text": null }