{ "case_number": "CAC-UDRP-105247", "time_of_filling": "2023-03-02 11:03:19", "domain_names": [ "corelle-home.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Instant Brands LLC" ], "complainant_representative": "Stobbs IP Ltd", "respondent": [ "Denice Duo" ], "respondent_representative": null, "factual_background": "

The Complainant Instant Brands Inc. is a company selling a range of kitchen appliances founded in 2009. In 2019, the Complainant entered into a merger agreement with Corelle Brands<\/a> LLC, which has  been using the trademark CORELLE in relation to dinnerware and related goods since 1970.<\/p>\n

The Complainant is also the owner of the domain name <corelle.com>, which was registered on October 6, 1997 and has been used since 2000 to promote dinnerware and related products under the trademark CORELLE.<\/p>\n

The disputed domain name <corelle-home.com> was registered on March 24, 2022 and resolves to an active website which advertises and offers for sale dinnerware.<\/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 Complainant states that the disputed domain name <corelle-home.com> is confusingly similar to its trademark CORELLE.<\/p>\n

With reference to the Respondent’s rights or legitimate interests in respect of the disputed domain name, the Complainant states that the Respondent is not using the disputed domain name for a bona fide<\/em> offering of goods or services or for a legitimate non-commercial or fair use, since the Respondent is advertising and selling counterfeit goods by impersonating the Complainant. The Complainant further states that the Respondent has never legitimately been known by the name CORELLE at any point in time.<\/p>\n

With reference to the circumstances evidencing bad faith, the Complainant submits that, considering the wide reputation of the Complainant’s trademark CORELLE and the Respondent’s use of the disputed domain name, the Respondent registered the disputed domain name having knowledge of the Complainant’s trademark.<\/p>\n

The Complainant also contends that the Respondent registered the disputed domain name in bad faith to intentionally attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant's registered trademarks as to the source, sponsorship, affiliation, or endorsement of its website. The Complainant further submits that the Respondent intended to drive traffic to its website in order to impersonate\/pass off as the Complainant to sell counterfeit products, and that the Respondent’s use of the disputed domain name is also disrupting the Complainant’s business.<\/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": [ "Luca Barbero" ], "date_of_panel_decision": "2023-04-17 00:00:00", "informal_english_translation": "

The Complainant has provided evidence of ownership, amongst others, of the following trademark registration:<\/p>\n

- Canada trademark registration No. TMA167153 for CORELLE (word mark), filed on January 14, 1969 and registered on January 2, 1970, for “glass tableware” in international class 21.<\/p>", "decision_domains": { "corelle-home.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }