The Complainant is a large International company which owns and operates a large number of brands. It uses its CORELLE brand in connection with the sale of dinnerware goods and related services.<\/p>\n
The disputed domain name was registered on June 24, 2022. It resolves to a website, offering a variety of discounted dinnerware for sale.<\/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
The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights. The disputed domain name fully incorporates the Complainant’s CORELLE mark together with the non-distinctive term “clearance”. This does nothing to alter the overall impression of the disputed domain name in the eyes of the average Internet user.<\/p>\n
The Respondent has no rights or legitimate interests in respect of the disputed domain name. There is no credible or realistic reason for the Respondent’s registration of the disputed domain name other than to take advantage of the Complainant’s rights and brand reputation. The Respondent is not therefore using the disputed domain name in connection with a bona fide<\/em> offering of goods and services in that it is offering for sale, counterfeit and knockoff products which infringe the Complainant’s intellectual property rights. The Respondent has not been commonly known by the disputed domain name, nor is it making a legitimate non-commercial or fair use of the disputed domain name in that it is using it in order to impersonate the Complainant.<\/p>\n Lastly, the Respondent has registered and is using the disputed domain name in bad faith. The Respondent was unequivocally aware of the Complainant’s CORELLE brand given that its website is set up to impersonate\/pass itself off as the Complainant in order to sell counterfeit product. Actual knowledge of a complainant’s rights in a mark prior to registering a confusingly similar domain name evinces bad faith. The Complainant is using the disputed domain name in order to divert potential customers to its website, which comprises bad faith under paragraph 4(b)(iii) and (iv) of the Policy.<\/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": [
"Antony Gold"
],
"date_of_panel_decision": "2023-04-05 00:00:00",
"informal_english_translation": " The Complainant is the owner of a number of trade marks for CORELLE including, by way of example only, United Kingdom trade mark, registration number 904259231, in class 21, registered on March 27, 2006.<\/p>",
"decision_domains": {
"corelleclearance.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}