The Complainant is a French company, established in 1989, that designs and manufactures metal and coloured outdoor furniture. The Complainant’s brand is FERMOB and, in addition to its FERMOB trade marks, it owns the domain name <fermob.com>.<\/p>\n
The disputed domain name <fermobs.com> was registered on May 7, 2021. It does not resolve to an active website.<\/p>\n
The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights. It contains the Complainant’s FERMOB trade mark in its entirety, and adds an “s” at the end of the mark, which is characteristic of typosquatting intended to create confusing similarity between the Complainant’s mark and the disputed domain name.<\/p>\n
The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not commonly known by the disputed domain name. The Complainant has not granted a licence or other authorisation to the Respondent to make use of its FERMOB trade marks. The disputed domain name is a typosquat version of the Complainant’s mark, registered in order to take advantage of Internet users’ typographical errors, and evidences a lack of rights or legitimate interests in the disputed domain name. Furthermore, the disputed domain name has never resolved to an active web page, which confirms that the Respondent has no active plan to use the disputed domain name.<\/p>\n
The Respondent has registered and is using the disputed domain name in bad faith. The Complainant’s FERMOB trade mark does not have any meaning or significance, except in relation to the Complainant. Given the significance of the Complainant’s trade mark and its repute, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant’s mark. Moreover, the misspelling of the Complainant’s mark was intentionally designed to be confusingly similar to it and can be seen as evidence of bad faith. The fact that the Respondent has not been able to demonstrate any good faith activity and that it is not possible to conceive of any plausible actual or contemplated use of the disputed domain name by the Respondent that would not be illegitimate, establishes bad faith registration and use.<\/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": "
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>", "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).<\/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": [ "Antony Gold" ], "date_of_panel_decision": "2022-11-18 00:00:00", "informal_english_translation": "
The Complainant is the owner of a number of trade marks for FERMOB including, by way of example, European Union trade mark, registration number 006952758, in classes 11, 20 and 21, registered on January 29, 2009.<\/p>", "decision_domains": { "fermobs.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }