{ "case_number": "CAC-UDRP-104567", "time_of_filling": "2022-08-10 09:32:57", "domain_names": [ "biurberry.com", "berberry.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Burberry Limited" ], "complainant_representative": "Coöperatieve Vereniging SNB-REACT U.A.", "respondent": [ "\"Host Master\" \/ Transure Enterprise Ltd" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n1) BURBERRY LIMITED (hereinafter referred to as the Complainant) submits that, despite some differences in the details provided in the official WHOIS records for the two domains included in the complaint, the domains should be considered to be under common control. This especially in consideration of the fact that there are substantial commonalities in the web sites to whom the disputed domain names resolved.\r\n\r\n2) The Complainant declares to have continuously used the \"BURBERRY\" word mark in connection with its products and services all over the world. Currently, the Complainant operates over 400 retail, outlet and concession locations around the world. Its merchandise is also sold in well-known department stores, boutiques, in Burberry stores, online at Burberry.com, and in other Burberry-authorized retail establishments.\r\n\r\n3) According to the Complainant, BURBERRY LIMITED maintains direct control over the character and quality of the products and services associated with the \"BURBERRY\" trademarks. Burberry has spent substantial time, effort and money advertising, promoting and protecting its various trademarks, including the \"BURBERRY\" word mark. As a result, the \"BURBERRY\" word mark has become internationally famous and has acquired enormous and valuable goodwill. \r\n\r\n4) The Complainant informs that \"BURBERRY\" is considered one of the most valuable fashion brands worldwide ad of course it is registered in many countries. \r\n\r\n5) The Complainant also proves that according to established case law from civil courts as well as previous UDRP Panels, the Complainant’s mark \"BURBERRY\" was considered as well-known and even famous trademark\r\n\r\n6) The Complainant has also registered domain names including the term BURBERRY (i.e. and ).\r\n\r\n7) According to the Complainant the disputed domain names are confusingly similar to the registered \"BURBERRY\" trademarks. The only difference between the disputed domain name and the distinctive BURBERRY trademarks is the insertion of the letter ‘i’ after the first letter while the only difference with the disputed domain name is the changing of the letter ‘u' to the letter ‘e’. It is the Complainant's view that in both cases there are clear examples of the practice known as “typosquatting”.\r\n\r\n8) The Complainant informs that the Respondent was never authorized to use the trademark \"BURBERRY\" by the Complainant. Furthermore, the Complainant has not found that the Respondent is commonly known by the disputed domain names or that it has any protectable interest over the domain names in dispute.\r\n\r\n9) The Complainant argues that by virtue of its extensive worldwide use, the Complainant’s trademark \"BURBERRY\" has become a well-known trademark in the fashion sector. Therefore, it is clear, in the Complainant's view, that the Respondent was well aware of the trademark \"BURBERRY\" and registered the disputed domain names with the intention to refer to the Complainant and its trademark \"BURBERRY\". \r\n\r\n10) According to the Complainant, the use of the disputed domain names in connection with a parked page comprising pay-per-click links does not represent a bona fide offering where such links capitalize on the reputation and goodwill of the Complainant’s mark.\r\n\r\n11) The Complainant argues that the Respondent is contravening paragraph 4(b)(i) of the Policy, by offering both domain names for sale, on multiple marketplaces, one of them showing a listing price of ‘at least USD 2000’ in excess of the Respondent's costs of registration.\r\n\r\n12) The Complainant also informs that the Respondent is a serial domain name squatter, routinely targeting other English speaking consumers. The registration data for shows the Registrant name as “WDAPL”, with an address in The Hague (The Netherlands). The very same registration details were also used to register other trademark infringing domain names, as and . The Complainant, by a further reverse lookup of WHOIS data, discovered that the Respondent has also registered domains such as: , , , , , , , and . This, in the Complainant's view, clearly shows the Respondent’s habit of registering domain names infringing trademark owners rights which obviously amounts to a pattern of bad faith conduct.", "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.", "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": "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": [ "Avv. Guido Maffei" ], "date_of_panel_decision": "2022-09-21 00:00:00", "informal_english_translation": "BURBERRY LIMITED is the owner, among others, of the following trademark registrations related to \"BURBERRY\":\r\n\r\n- Word mark \"BURBERRY\", Australian TM Office, Registration No. 33672 for class 25, registered on July 5, 1922 and duly renewed;\r\n- Word mark \"BURBERRY\", UK TM Office, Registration No. 1428264 for classes 14, 18 and 25, registered on November 29, 1991 and duly renewed; and\r\n- Word mark \"BURBERRY\", EUIPO, Registration No. 1058312 for classes 3, 18 and 25, registered on March 27, 2000 and duly renewed.", "decision_domains": { "BIURBERRY.COM": "TRANSFERRED", "BERBERRY.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }