{ "case_number": "CAC-UDRP-104831", "time_of_filling": "2022-09-07 11:09:17", "domain_names": [ "cosmoprof.space" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "BolognaFiere Cosmoprof S.p.A" ], "complainant_representative": "Niccolò Ferretti", "respondent": [ "Gor Nazaryan " ], "respondent_representative": null, "factual_background": "

According to the facts included in the complaint, the Complainant belongs to an Italian Group Fiere Internazionali di Bologna S.p.A. - Bolognafiere or, in abbreviated form, Bolognafiere S.p.A, who licensed all the trademarks listed above to the Complaint.  The Complainant itself is a well-established Italian organizer of trade fair shows dedicated to beauty industry.<\/span><\/p>\n

The Complainant owns an important domain names portfolio containing the name “Cosmoprof” and asserts that it is present online through social medias in LinkedIn, YouTube, Facebook, and Instagram.<\/span><\/p>\n

The disputed domain name <cosmoprof.space> was registered on 20 February, 2021, and is not currently used in connection with any goods or services as it results in an inactive webpage.<\/span><\/p>\n

No information is known about the Respondent Mr. Nazaryan Gor who registered the disputed domain name <\/span><cosmoprof.space> <\/span>under a privacy protection service. <\/span><\/p>\n

 <\/span><\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/span><\/p>\n

The Responded sent several e-mails to the CAC but has never replied the compliant.  The Respondent accessed the platform after the lapse of period for submitting Response.<\/p>", "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.<\/p>", "no_response_filed": "

COMPLAINANT:<\/p>\n

Identical or confusingly similar<\/span><\/em><\/strong><\/p>\n

The Complainant asserts that the disputed domain name <\/span><cosmoprof.space> <\/span>and the registered trademark of which the Complainant is an authorized licensee are confusingly similar. <\/span><\/p>\n

Particularly, the Complainant contends that the disputed domain name <\/span><cosmoprof.space> <\/span>contains the main element of the trademark family, i.e. the word <\/span>“Cosmoprof” <\/span> <\/span>and considers the disputed domain name and the registered trademarks confusingly similar. <\/span><\/p>\n

 <\/span><\/p>\n

No rights or legitimate interests<\/span><\/strong><\/p>\n

The Complainant asserts that that the Respondent is not commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent is making any businesses with the Complainant or the trademark owner. Moreover, the Complainant states that the Respondent has no rights or legitimate interests in respect of the domain <\/span>name <\/span><cosmoprof.space> <\/span> and is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/span><\/p>\n

According to the Complainant, neither license nor authorization has been granted to the Respondent to make any use of the registered trademarks containing the word <\/span>“Cosmoprof”<\/span> or apply for registration of the disputed domain name by the Complainant.<\/span><\/p>\n

 <\/span><\/p>\n

Registered and used in bad faith<\/span><\/strong><\/p>\n

As far as bad faith registration is concerned, the Complainant asserts that the name <\/span>“Cosmoprof”<\/span> <\/span>has been widely used and is well-known, so that the Respondent certainly had full knowledge of the rights over the name <\/span>“Cosmoprof” <\/span>at the time of the disputed domain name’s registration.<\/span><\/p>\n

Moreover, the Complainant contends that, despite that the disputed domain name has not been used until now, and refers to the e-mail communication with the Respondent in which the Respondent is offering him sale of the disputed domain name <\/span><cosmoprof.space> <\/span> together with a similar domain name <\/span><cosmoprof.am> for EUR 50,000.<\/span>  Therefore, according to the Complainant the current inactive use is a clear case of use of the domain name in bad faith. <\/span><\/p>\n

Thus, according to the Complainant, the Respondent registered the disputed domain name <\/span><cosmoprof.space> <\/span> <\/span>and is using it in bad faith.<\/span><\/p>\n

<\/span><\/p>\n

RESPONDENT: <\/p>\n

Several e-mails have been sent by the Respondent to the CAC but no formal reply to the complaint was received. <\/span><\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Hana Císlerová" ], "date_of_panel_decision": "2022-10-16 00:00:00", "informal_english_translation": "

The Complainant asserts to be a licensee of several<\/span> trademark registrations for the name “Cosmoprof” including the following ones:<\/span><\/p>\n

 <\/span><\/p>\n