The Complainant, Cool Living Balaton KFT, was founded in 2013 and it is registered to be dealing with various services, such as car rental, accommodation, travel organization and property management.<\/p>\n
The Complainant is the owner of trademark COOL LIVING BALATON<\/span> as well as trade name including said trademark, registered shortly after the date of registration of the disputed domain name, which is 14.11.2013 and it was updated on 29.12.2022.<\/p>\n The disputed domain name is currently inactive.<\/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": " FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n THE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR<\/p>\n The Complainant states that the disputed domain name <cool-living-balaton.com> <\/strong>is identical to its trademark “COOL LIVING BALATON<\/span>”.<\/p>\n THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DOMAIN NAME(S);<\/p>\n The Complainant asserts that the Respondent was the managing director of the company RComSys ICT AG that was commissioned by the Complainant's managing director, Mr. Dietrich Rieser, to register the disputed domain name <cool-living-balaton.com>. The Complainant states that contrary to their agreement, the Respondent registered the disputed domain name in his own name via the company Hosttech GmbH, and after registration, the disputed domain name was used by the Complainant, including the e-mail address info@cool-living-balaton.com. The Complainant was not aware that the disputed domain name was not registered in its name until recently, when subsequently commissioned Mr. Adrian Moser to host the domain and terminated the contract with RComSys ICT AG informed the Complainant on 27.10.2022 that the Respondent is the registered owner of the disputed domain name. In the meantime, RComSys ICT AG was dissolved. Although the Complainant had requested the transfer of the disputed domain name from the Respondent, there was no response. It is claimed that the Respondent acted contrary to his contractual duty.<\/p>\n The Complainant therefore contends that the Respondent has no legitimate interest in the use of the trademark and that the disputed domain name refers to a website that is \"under construction\" and it is an inactive website that is merely parked.<\/p>\n Accordingly, the Complainant states that the Respondent has no rights or legitimate interests on the disputed domain name <cool-living-balaton.com>.<\/p>\n THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH<\/p>\n The Complainant contends that the Respondent has registered and used the domain name <cool-living-balaton.com> with full knowledge of the Complainant's trademark, in addition to the breach of his contractual duties to register the disputed domain name in the name of the Complainant rather than himself. The Respondent does not use the disputed domain name, however also does not surrender it. The Complainant states that the Respondent blocks the registration by the Complainant without using the domain itself, which also constitutes bad faith.<\/p>\n Consequently, the Complainant concludes that the Respondent has registered and is using the disputed domain name <cool-living-balaton.com> in bad faith.<\/p>\n RESPONDENT: <\/p>\n 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": [
"Mrs Selma Ünlü"
],
"date_of_panel_decision": "2023-02-02 00:00:00",
"informal_english_translation": " The Complainant is the owner of the Hungarian device trademark \"COOL LIVING BALATON\" no. 213809 registered since 24.09.2014<\/span>. The Complainant also owns the trade name of <\/span>Cool Living Balaton KFT, registered since 18.11.2013.<\/span><\/p>",
"decision_domains": {
"cool-living-balaton.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}