{ "case_number": "CAC-UDRP-103666", "time_of_filling": "2021-11-10 09:30:21", "domain_names": [ "ikeaqshop.com", "ikealiving.com", "ikeazara.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Inter IKEA Systems B.V." ], "complainant_representative": "Convey srl", "respondent": [ "Time Wanner Co.,Ltd" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is the worldwide “IKEA” franchisor and responsible for developing and supplying the global “IKEA” range. “IKEA” is one of the most well-known home furnishing brands in the world with more than four hundred stores and all the “IKEA” Group has roughly 220,000 employees worldwide reaching more than fifty markets and almost a billion of visitors per year. The trademark “IKEA” is extensively used in the major social networks where the Complainant has multiple accounts on the same platform for each country. \r\n\r\n“IKEA” was founded in 1943 and is named after the initials of its founder Ingvar Kamprad, Elmtaryd, the farm on which he grew up, and Agunnaryd, the nearby village. Therefore, this acronym has no other meaning and is completely original and creative. \r\n\r\nFurthermore, the Complainant holds trademark registrations in more than 80 countries and the “IKEA” trademark has been extensively promoted, in print advertisements, promotional materials, Internet forums acquiring a high international recognition. \r\n\r\nThe Complainant has also registered more than 441 Domain Names under generic Top-Level Domains (“gTLDs”) and 294 Domain Names under country code Top-Level Domains (“ccTLDs”) – among which are , , , , , , or .\r\n\r\nThe disputed domain names , and were registered on May 17, 2021 and point to parking pages respectively – in case of – to a webshop, where clocks, storage boxes and photo frames are offered for sale.\r\n\r\nWhen the Complainant became aware of the registration and use of the disputed domain names, it served cease and desist letters on September 28, 2021 on the Respondent, formally notifying of the infringement of the Complainant’s trademark rights, requesting the immediate cease of any use, and the transfer of the disputed domain name to the Complainant. The Respondent did not reply. As concerns the disputed domain names and , upon receipt of a cease and desist letter by the Complainant, the Respondent has subsequently deleted the resolving websites. \r\n\r\nFurthermore, in the case of the , the Respondent receives profits by offering for sale items bearing third party trademarks, exploiting the domain name that contains the well-known trademark \"IKEA\" in the name itself. Particularly, it offers for sale household products, home furnishing products and accessories in direct competition with the Complainant. \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", "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": "Paragraph 3(c) of the UDRP Rules provides that a complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder. Also, Paragraph 10(e) of the UDRP Rules grants a panel the power to consolidate multiple domain name disputes.\r\n\r\n\r\nIn the present case a number of factors can be taken into account:\r\n\r\na) all the Domain Names have .com extensions; \r\n\r\nb) all the Domain Names share the same shields as registrants; \r\n\r\nc) all the Domain Names share the same date of registrations: 2021-05-17; \r\n\r\nd) all the Domain Names share the same hosting provider: CloudFlare Inc. and;\r\n\r\ne) all the Domain Names share the same registrar: NameSilo, LLC.\r\n\r\n\r\nThe Panel relies on paragraph 14(b) of the Rules regarding the contentions of Complainant with respect to the procedural factors of the dispute as well, and, thus accepts the contentions as admitted by the Respondent. \r\n\r\nConsequently, the Panel finds that the disputed domain names are subject to common control and therefore it is appropriate to consolidate the disputed domain names in a single dispute. In addition, the Panel finds that the consolidation of multiple domain name disputes under paragraph 10(e) of the Rules is procedurally efficient, since doing so promotes the shared interests of the parties in avoiding unnecessary duplication of time, effort and expense, and generally furthers the fundamental objectives of the Policy. Also, under the circumstances in the present case, this will not unfairly favor or disadvantage any party. \r\n\r\nIn summary, the Panel finds that the consolidation of the multiple domain name disputes asserted by the Complainant against the Respondent is consistent with the Policy and Rules.", "decision": "Accepted", "panelists": [ "Dominik Eickemeier" ], "date_of_panel_decision": "2021-12-07 00:00:00", "informal_english_translation": "The Complainant is the owner of several trademarks containing the term “IKEA” in numerous countries, such as:\r\n\r\n- German Trademark Reg. No. DE867152 registered on March 12, 1970 in class 20; \r\n\r\n- U.S.A. Trademark Reg. No. 1118706 registered on May 22, 1979 in classes 11, 20, 21, 24, 27; \r\n\r\n- U.S.A. Trademark Reg. No. 1661360 registered on October 22, 1991 in classes 2, 18, 25, 29, 30, 31, 35, 36, 39, 41; \r\n\r\n- EU Trademark Reg. No. 000109652 registered on October 1, 1998 in classes 2, 8, 11, 16, 18, 20, 21, 24, 25, 27, 28, 29, 30, 31, 35, 36, 39, 41, 42; \r\n\r\n- EU Trademark Reg. No. 000109637 registered on October 8, 1998 in classes 2, 8, 11, 16, 18, 20, 21, 24, 25, 27, 28, 29, 30, 31, 35, 26, 39, 41, 42; \r\n\r\n- IR Trademark Reg. No. 926155 registered on April 24, 2007 in class 16, 20, 35, 43 designating also China; \r\n\r\n- Italian Trademark Reg. No. 0001257211 registered on March 12, 2010 in class 20; and\r\n\r\n- Italian Trademark Reg. No. 0001300174 registered on June 3, 2010 in class 21.\r\n\r\n\r\nAlso, the Complainant uses several domain names including the term “IKEA”, such as , or .", "decision_domains": { "IKEAQSHOP.COM": "TRANSFERRED", "IKEALIVING.COM": "TRANSFERRED", "IKEAZARA.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }