{
    "case_number": "CAC-UDRP-103591",
    "time_of_filling": "2021-02-22 09:08:07",
    "domain_names": [
        "flowbird.app"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "FLOWBIRD SAS (PARKEON)"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Christoffer Blixoe"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nComplainant, FLOWBIRD SAS (PARKEON) is a French-headquartered company specializing in payment and ticketing systems, notably for car parks and public transport systems. It asserts that it has a global presence. The Complainant states that “Flowbird supports decision-makers in organizing, encouraging and managing mobility within cities, helping address the ever changing quality of life, environmental and economic challenges. . . . Every week around the world, thanks to our solutions, mobile applications and online services, we contribute to improving the environment by reducing air pollution, optimising traffic, simplifying payments and in doing so, making cities more secure and economically sustainable.”\r\n\r\nThe disputed domain name <flowbird.app> was registered on May 18, 2018 and does not resolve to an active website.  ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\nThe Complainant submits that <flowbird.app> is identical to its trademark FLOWBIRD in that it contains in whole the combined words “flow” and “bird.” \r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it has not been authorized by the Complainant to use the FLOWBIRD trademark, and the disputed domain name does not correspond to the name of the Respondent. The Complainant adds that the Respondent does not carry out a fair or non-commercial use of the disputed domain name as it currently does not resolve to an active website. \r\n\r\nThe Complainant contends further that the disputed domain name was registered and is being used in bad faith. According to the Complainant, the FLOWBIRD trademark is distinctive and well-known around the world, and that it is evident that the Respondent registered the disputed domain name with knowledge of Complainant’s trademark. The disputed domain name is not used for any bona fide purpose and was registered and is being used in bad faith. \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not reply to the Complainant's contentions and did not submit any arguments or evidence in its defence. In such event, UDRP Rule 14 provides (a) that the “Panel shall proceed to a decision on the complaint” and (b) that “the Panel shall draw such inferences therefrom as it considers appropriate.” In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at Para. 4.3.  ",
    "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": [
        "Gerald M. Levine, Ph.D, Esq."
    ],
    "date_of_panel_decision": "2021-03-18 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks including the term “FLOWBIRD”: \r\n\r\n- French trademark FLOWBIRD® n°4425718 registered since February 5, 2018;\r\n\r\n- French trademark FLOWBIRD® n° 4449643 registered since April 27, 2018;\r\n\r\n- International trademark FLOWBIRD® n° 1454019 registered since July 13, 2018.\r\n\r\n Complainant offers a variety of services under Classes 9, 35, 36, 37, 38, 39, and 42.  \r\n",
    "decision_domains": {
        "FLOWBIRD.APP": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}