The Complainant is part of a multinational clothing retail group. \"H&M\" is its core brand, which is used in relation to fashion, beauty accessories, homeware and food. It promotes its \"H&M\" brand in more than 4,400 stores across 75 countries. As at 2021 it employed approximately 155,000 people and had acquired sales of approximately 199 billion Swedish krona.<\/p>\n
The Complainant is the registered owner of various trade marks containing or consisting of \"H&M\" including the above mentioned registration which is over 25 years old. It is also the registrant of numerous domain names containing or consisting of \"HM\", including <hm.com> which has been registered since 29 June 2001.<\/p>\n
The Respondent Web Commerce Communications Ltd. provides its address as a location in Malaysia. <\/p>\n
Between 10 January 2023 and 14 February 2023, the Respondent registered the 51 disputed domain names that are the subject of this administrative complaint. All of those disputed domain names commence with the letters \"hm\" followed by either geographic or generic terms like \"factory\", \"outlet\" or \"sale\". Some also contain minor punctuation, like hyphens. All then conclude with common gTLD <.com>.<\/p>\n
At the time of filing the Complaint 17 of the 51 disputed domain names directed internet users to websites. All such websites prominently displayed the Complainant's trade mark, including in the exact stylised form that appears in numerous trade mark registrations. The websites also featured account login fields that invited web users to insert login details. The remaining 34 of the 51 disputed domain names did not resolve to active websites.<\/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 names.<\/p>", "no_response_filed": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/p>\n
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>", "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).<\/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 names (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 names have been registered and are 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": [ "Andrew Sykes" ], "date_of_panel_decision": "2023-04-11 00:00:00", "informal_english_translation": "
Norwegian Trade Mark Registration Bo. 169063 H&M (Stylised) registered for various goods and services in classes 3, 14, 18, 25 and 28 with a registration date of 3 August 1995.<\/p>", "decision_domains": { "hm-australia.com": "TRANSFERRED", "hmegypt.com": "TRANSFERRED", "hmfactoryoutlet.com": "TRANSFERRED", "hmfactoryoutletuk.com": "TRANSFERRED", "hmireland.com": "TRANSFERRED", "hmpakistan.com": "TRANSFERRED", "hmsaudiarabia.com": "TRANSFERRED", "hmindonesia.com": "TRANSFERRED", "hm-israel.com": "TRANSFERRED", "hmmalaysia.com": "TRANSFERRED", "hm-nz.com": "TRANSFERRED", "hmphilippines.com": "TRANSFERRED", "hm-thailand.com": "TRANSFERRED", "hmukonline.com": "TRANSFERRED", "hm-argentina.com": "TRANSFERRED", "hmbelgie.com": "TRANSFERRED", "hm-canada.com": "TRANSFERRED", "hm-chile.com": "TRANSFERRED", "hm-costarica.com": "TRANSFERRED", "hmdenmark.com": "TRANSFERRED", "hm-factoryoutlet.com": "TRANSFERRED", "hmgreece.com": "TRANSFERRED", "hmhrvatska.com": "TRANSFERRED", "hm-hu.com": "TRANSFERRED", "hm-ireland.com": "TRANSFERRED", "hm-norge.com": "TRANSFERRED", "hmoutletonline.com": "TRANSFERRED", "hm-peru.com": "TRANSFERRED", "hm-philippines.com": "TRANSFERRED", "hm-polska.com": "TRANSFERRED", "hm-portugal.com": "TRANSFERRED", "hmpraha.com": "TRANSFERRED", "hm-romania.com": "TRANSFERRED", "hmsaleuk.com": "TRANSFERRED", "hmschweiz.com": "TRANSFERRED", "hm-singapore.com": "TRANSFERRED", "hmslovenija.com": "TRANSFERRED", "hmsouthafrica.com": "TRANSFERRED", "hmsrbija.com": "TRANSFERRED", "hmsuomi.com": "TRANSFERRED", "hm-uae.com": "TRANSFERRED", "hmussale.com": "TRANSFERRED", "hmargentina.com": "TRANSFERRED", "hmchile.com": "TRANSFERRED", "hmcostarica.com": "TRANSFERRED", "hm-ecuador.com": "TRANSFERRED", "hm-espana.com": "TRANSFERRED", "hmguatemala.com": "TRANSFERRED", "hmpanama.com": "TRANSFERRED", "hmperuonline.com": "TRANSFERRED", "hmmaroc.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }