{ "case_number": "CAC-UDRP-104955", "time_of_filling": "2022-11-01 09:09:09", "domain_names": [ "pentairulantikon.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Pentair Flow Services AG" ], "complainant_representative": "HSS IPM GmbH", "respondent": [ "Hassan Ahmed" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/p>\n

The Complainant, Pentair Flow Services AG, is part of a group of companies which is active in water treatment. The Complainant’s group has more than 11,000 employees working <\/span>from approximately 120 locations in 25 countries. The Complainant’s group 2021 net sales were approximately $3.8 billion.<\/span><\/p>\n

The Complainant is the owner of several trademarks consisting of or including the term PENTAIR, registered in several classes and covering various countries.<\/span><\/p>\n

One of the Complainant’s affiliates, Pentair Inc., owns domain names such as <pentair.com> and <pentair.net> which resolve to the Complainant’s group official website. <\/span><\/p>\n

The disputed domain name <pentairulantikon.com> has been registered on July 6, 2022. According to evidence provided by the Complainant, the disputed domain name resolved to a website purporting to offer flight comparison and booking services. The disputed domain name currently resolves to a parking page mentioning that “This Account has been suspended”.<\/span><\/p>\n

On September 21, 2022, the Complainant sent a cease-and-desist letter to the Respondent. The Respondent replied by stating that “we are only providing the domain not owning any domain” and by inviting the Complainant to contact a third party. The Complainant did contact this third party but according to the Complainant, it received no response.<\/span><\/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>\n

PARTIES' CONTENTIONS:<\/p>\n

COMPLAINANT:<\/p>\n

The Complainant considers the disputed domain name to be confusingly similar to trademarks in which it has rights. The Complainant claims that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant finds that the disputed domain name is not being used in connection with a bona fide offering of goods or services<\/span>. The <\/span>Complainant has not found that the <\/span>Respondent is commonly known by the disputed domain name or that the Respondent<\/span> has any interest in the disputed domain name. <\/span>Also, according to the Complainant, the Respondent has not been authorized to use the Complainant’s trademarks<\/span> and is not related in any way with the Complainant. T<\/span>he Complainant has not found any evidence that the Respondent has made any known legitimate, noncommercial use of the <\/span>disputed domain name. <\/span>Finally, the Complainant considers that the disputed domain name was registered and is being used in bad faith. The Complainant contends that given the distinctiveness of the Complainant's trademark and its reputation, it is reasonable to infer that the Respondent knew or should have known of the<\/span> Complainant's trademark. According to the Complainant, the Respondent registered and used<\/span> the disputed <\/span>domain name by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the <\/span>Respondent’s products, services, website or location. In addition, the Complainant claims that there is a risk of phishing scams or other fraudulent misconduct through the disputed domain name, as the email function linked to the disputed domain name is enabled. <\/span><\/p>\n

RESPONDENT:<\/p>\n

The Respondent did not reply to the Complainant’s contentions.<\/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": [ "Flip Petillion" ], "date_of_panel_decision": "2022-12-13 00:00:00", "informal_english_translation": "

The Complainant is the holder of various trademarks including the following:<\/p>\n

- PENTAIR<\/span>, U.S. word mark<\/span> registration No. 4348967 registered on June 11, 2013<\/span> in classes 7, 9<\/span>, 11 and 20<\/span>; and<\/p>\n

- PENTAIR<\/span>, EU figurative <\/span>mark registration No. 011008414 registered on January 23, 2013<\/span> in classes 6, 7, 9, 11 <\/span>and 42<\/span>.<\/p>", "decision_domains": { "pentairulantikon.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }