{ "case_number": "CAC-UDRP-103884", "time_of_filling": "2021-06-24 09:58:01", "domain_names": [ "pandora-discount.com", "sale-pandora.com", "italia-pandora.com", "outlet-jewelry-pandora.com", "pandorajewelrycharm.com", "pandora-sale-off.com", "pandora-online.net", "pandorashopsale.com", "tiendapandoraonline.com", "lessoldespandora.com", "pandora-store-outlet.com", "bijouxpandorafrance.com", "pandorfrance.com", "pandordisney.com", "pansoldes.com", "pandora-store-outlet.net", "pandora-outlet-it.com", "pandora-outlet-italian.com", "pandora-it-outlet.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Pandora A\/S" ], "complainant_representative": "Coöperatieve Vereniging SNB-REACT U.A.", "respondent": [ "\"Wang\" \"Fei\"" ], "respondent_representative": null, "factual_background": "Preliminary Procedural Issue: CONSOLIDATION OF MULTIPLE DOMAIN NAMES IN A SINGLE PROCEEDING\r\n\r\nThe Complainant relates to 19 domain names which he wishes to have dealt within a single administrative proceeding. \r\n\r\nParagraph 10(e) of the Rules states that a Panel decides a request by a party to consolidate multiple domain name disputes in accordance with the Policy and the Rules. Paragraph 4.11 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Jurisprudential Overview 3.0”) states that in the case of complaints brought against more than one domain name, consolidation may be allowed where (i) the complainants have a specific common grievance against the respondent, or the respondent has engaged in common conduct that has affected the complainants in a similar fashion, and (ii) it would be equitable and procedurally efficient to permit the consolidation.\r\n\r\nMoreover, where a complaint is filed against multiple respondents, panels look at whether (i) the domain names or corresponding websites are subject to common control, and (ii) the consolidation would be fair and equitable to all parties. Procedural efficiency would also underpin panel consideration of such a consolidation scenario.\r\n\r\nThe Complainant explains that it is appropriate to consolidate the present dispute of the 19 domain names as one common proceeding appears to be more efficient and equitable to all parties, providing that all the disputed domain names:\r\n\r\n- have one Registrar, i.e. Name.com, Inc.;\r\n- use the same identity shield, i.e. Registrant Organization: Doman Protection Services, Inc.;\r\n- have the same hosting provider, i.e. Inter Connects Inc.;\r\n- are hosted in the IP addresses between 107.150.162.243 and 107.150.162.254;\r\n- were registered within almost one year with the same Registrant country, i.e. China;\r\n- resolve to a substantially similar webpages which are connected to the same web host Sayfa.net (Turkish webhost); and\r\n- mostly follow the same naming patterns (reference to the Complainant’s business name and trademarks + generic or descriptive element).\r\n\r\nFACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant Pandora A\/S is a Danish Company that has marketed and sold its jewelry products under its business name “PANDORA” in more than 100 countries through more than 7.700 points of sale. As a result of a widespread distribution and promotion of the products, its registered trademark PANDORA enjoys a high degree of global recognition for jewelry and was previously declared by this court as a well-known trademark (see CAC Case 103231 )\r\n\r\nNo information is known about the Respondent who registered 19 domain names in question containing or referring to the name PANDORA.\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n\r\n\r\n", "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\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain names and the Complainant's registered trademarks are confusingly similar. \r\n\r\nThe Complainant argues that 16 of them contain the word “PANDORA” together with a descriptive\/generic term (or terms), and the generic top level domain suffix .com.\r\n\r\nThe other 3 domain names contain the dominant element of the trademark: , , and .\r\n\r\nAccording to the Complainant, the confusing similarity is increased by the content of the Respondent’s websites, which all bear the PANDORA visual mark at the top.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain names or a name corresponding to the disputed domain names, nor that the Respondent is making a bona fide offering of goods or services. Moreover, the Complainant states that the Respondent has not been licensed or otherwise authorized to use any of the Complainant’s trademarks nor to apply for or use any domain name incorporating such trade marks.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states that the Respondent has engaged in a pattern of conduct where it has registered the disputed domain names in order to prevent the owner of the trademark from reflecting the mark in a corresponding domain names and that by using the disputed domain names, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its web sites by creating a likelihood of confusion with the Complainant's registered trademarks PANDORA.\r\n\r\nFinally, the Complainant underlines due to its worldwide presence and considering that the Complainant’s trademarks are famous marks, it is difficult to conceive of any plausible legitimate future use of the disputed domain names by the Respondent.\r\n\r\nRESPONDENT: \r\nThe Respondent did not respond to the Complaint.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are identical or confusingly similar to trademarks 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 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": [ "JUDr. Hana Císlerová, LL.M." ], "date_of_panel_decision": "2021-07-26 00:00:00", "informal_english_translation": "The Complainant is the owner of several registered trademarks around the world. \r\n\r\nIn this proceeding the Complainant indicates the following trademark registrations:\r\n\r\n1) EUTM No.3397858 in class 14 with priority date from 18 April 2007 for PANDORA (word mark).\r\n2) EUTM No. 006646491 in classes 14, 18 and 25 with priority date from 21 January 2009 for PANDORA (word mark).\r\n3) WIPO int. registration No. 0979859 in classes 9, 14, 18 and 25 with priority date from 17 September 2008 for PANDORA (figurative mark).\r\n4) EUTM No. 0979859 in classes 9, 14, 18 and 25 with priority date from 17 September 2008 for PANDORA (figurative mark – designation of the WIPO int. registration No. 0979859).\r\n5) WIPO int. registration No. 1004640 in classes 3, 9, 14 and 35 with priority date from 20 February 2009 for PANDORA (word mark).\r\n6) EUTM No. 1004640 in classes 3, 9, 14 and 35 with priority date from 20 February 2009 for PANDORA (word mark – designation of the WIPO int. registration No. 1004640).\r\n\r\nThe Complainant owns also several domain names worldwide, among these is – which has been registered since 2010.\r\n", "decision_domains": { "PANDORA-DISCOUNT.COM": "TRANSFERRED", "SALE-PANDORA.COM": "TRANSFERRED", "ITALIA-PANDORA.COM": "TRANSFERRED", "OUTLET-JEWELRY-PANDORA.COM": "TRANSFERRED", "PANDORAJEWELRYCHARM.COM": "TRANSFERRED", "PANDORA-SALE-OFF.COM": "TRANSFERRED", "PANDORA-ONLINE.NET": "TRANSFERRED", "PANDORASHOPSALE.COM": "TRANSFERRED", "TIENDAPANDORAONLINE.COM": "TRANSFERRED", "LESSOLDESPANDORA.COM": "TRANSFERRED", "PANDORA-STORE-OUTLET.COM": "TRANSFERRED", "BIJOUXPANDORAFRANCE.COM": "TRANSFERRED", "PANDORFRANCE.COM": "TRANSFERRED", "PANDORDISNEY.COM": "TRANSFERRED", "PANSOLDES.COM": "TRANSFERRED", "PANDORA-STORE-OUTLET.NET": "TRANSFERRED", "PANDORA-OUTLET-IT.COM": "TRANSFERRED", "PANDORA-OUTLET-ITALIAN.COM": "TRANSFERRED", "PANDORA-IT-OUTLET.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }