{
    "case_number": "CAC-UDRP-103754",
    "time_of_filling": "2021-05-27 14:14:42",
    "domain_names": [
        "notino.art",
        "inontino.com",
        "i-notino.site",
        "notino-tester.site"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "NOTINO LIMITED"
    ],
    "complainant_representative": null,
    "respondent": [
        "Eduard Voiculesxu"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n1) The Complainant declares to be the holder of the domain name <notino.cz> and other variations (such as <notino.sk>, <notino.pl>, <notino.it>, <notino.dk> and <notino.hu>), on which NOTINO LIMITED runs eshops with cosmetics, perfumes and other related goods in almost all the European Union and also outside the EU. \r\n\r\n2) According to the Complainant the brand \"NOTINO\" and the eshops marked \"NOTINO\" are well known within the EU. \r\n\r\n3) NOTINO LIMITED has also proved to be the owner of many trademarks consisting of or including the word \"NOTINO\" protected in many countries. \r\n\r\n4) The Complainant has noted that all the domain names here contested are registered in the name of the Respondent at the registrar Go Daddy, LLC.\r\n\r\n5) Furthermore, according to the Complainant, all the domain names in dispute are identical or confusingly similar to the Complainant domain names and trademarks consisting of or including \"NOTINO\".\r\n\r\n6) In addition, it is the Complainant's view that since the holder of the disputed domain names was never authorized to use the name \"NOTINO\" in the domain names in dispute, the Respondent is violating rights of the Complainant.\r\n\r\n7) Finally, the Complainant believes that the Respondent is in bad faith since it is running the same Complainant's business activity by offering cosmetics, perfumes and other related goods through domain names similar to the Complainant marks here invoked. Therefore, according to the Complainant, the holder of the disputed domain names obviously intents, for commercial gain, to misleadingly divert consumers and to tarnish the \"NOTINO\" trademarks.  ",
    "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 names. ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2021-06-23 00:00:00",
    "informal_english_translation": "NOTINO LIMITED is the owner, among others, of the following trademark registrations:\r\n\r\n- EUTM Registration no. 15221815 for \"NOTINO\" filed on June 28, 2016 and protected for goods and services in classes 16, 35, 38 and 39;\r\n\r\n- EUTM Registration no. 15944127 for \"NOTINO TODAY IS YOURS (dev.)\" filed on October 17, 2016 and protected for goods and services in classes 16, 35, 38 and 39;\r\n\r\n- EUTM Registration no. 16743965 for \"NOTINO TRY&BUY\" filed on May 16, 2017 and protected for good and services in classes 3, 16 and 35;\r\n\r\n- EUTM Registration no. 16804049 for \"NOTINO TRY&BUY (dev.)\" filed on June 6, 2017 and protected for good and services in classes 3, 16 and 35;\r\n\r\n- EUTM Registration no. 17471574 for \"NOTINO\" filed on November 13, 2017 and protected for services in classes 35 and 41;\r\n\r\n- EUTM Registration no. 18071749 for \"NOTINO (dev.)\" filed on September 11, 2019 and protected for goods and services in classes 3, 16, 35, 38, 39 and 41;\r\n\r\n- US Registration no. 87013739 for \"NOTINO\" filed on April 26, 2016 and protected for services in class 35;\r\n\r\n- Canadian Registration no. 1791404 for \"NOTINO\" filed on July 14, 2016 and protected for services in class 35;\r\n\r\n- Us Registration no. 87252597 for \"NOTINO TODAY IS YOURS\" filed on November 30, 2016 and protected for services in class 35.",
    "decision_domains": {
        "NOTINO.ART": "TRANSFERRED",
        "INONTINO.COM": "TRANSFERRED",
        "I-NOTINO.SITE": "TRANSFERRED",
        "NOTINO-TESTER.SITE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}