{ "case_number": "CAC-UDRP-105291", "time_of_filling": "2023-03-21 09:28:38", "domain_names": [ "fermobcontractunlt.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "FERMOB" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "morgan freeman (fermi contra)" ], "respondent_representative": null, "factual_background": "

The Complainant is a French company that designs, designs and manufactures metal and coloured outdoor furniture. It owns several trademark registrations for FERMOB that predate the registration of the disputed domain name. It also owns a portfolio of domain names, including <fermob.com> registered on 24 December 1996, and <fermobcontractunit.com>, registered on 28 July 2017.<\/p>\n

The Respondent registered the disputed domain name <fermobcontractunlt.com> on 27 February 2023 using a privacy service. The disputed domain name resolves to a parking page with sponsored links.<\/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": "

The Complainant asserts that the disputed domain name is confusingly similar to its trademark FERMOB and states:<\/p>\n

    \n
  1. the disputed domain name includes the Complainant’s trademark in its entirety;<\/li>\n
  2. the only difference between its trademark FERMOB and the disputed domain name is the addition of the term “CONTRACT UNLT”; and<\/li>\n
  3. there is a greater likelihood of confusion as the disputed domain name directly refers to the Complainant’s website, https:\/\/lp.fermobcontractunit.com\/hotels-restaurants\/.<\/li>\n<\/ol>\n

    The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name and states:<\/p>\n

      \n
    1. the Respondent is not known as the disputed domain name;<\/li>\n
    2. the Respondent is not related in any way with the Complainant and the Complainant does not carry out any activity for, nor has any business with the Respondent; and the Respondent is neither licensed nor authorised to use of the Complainant’s trademark FERMOB or apply for registration of the disputed domain name; and<\/li>\n
    3. the disputed domain name resolves to a parking page with commercial links and this is not a bona fide offering of goods or services or legitimate non-commercial or fair use.<\/li>\n<\/ol>\n

      The Complainant asserts that the disputed domain name was registered and is being used in bad faith and states:<\/p>\n

        \n
      1. the disputed domain name <fermobcontractunlt.com> is confusingly similar to its distinctive trademark FERMOB and was registered several years after the Complainant registered its trademark;<\/li>\n
      2. the addition of a misspelled version of the term “CONTRACT UNIT” refers directly to the Complainant’s website https:\/\/lp.fermobcontractunit.com\/hotels-restaurants\/<\/a>; and given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark; and<\/li>\n
      3. the disputed domain name resolves to a parking page with commercial links and the Respondent has attempted to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is an evidence of bad faith.<\/li>\n<\/ol>\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": [ "Veronica Bailey" ], "date_of_panel_decision": "2023-04-21 00:00:00", "informal_english_translation": "

        The Complainant owns several trademarks registrations for FERMOB, including:<\/p>\n

          \n
        • French trademark number 3243498, registered on 1 September 2003 in classes 11, 20 and 21;<\/li>\n
        • Europe trademark number 6952758, registered on 22 May 2008 in classes 11, 20 and 21; and<\/li>\n
        • International trademark number 829242, registered on 1 March 2004, in classes 11, 20 and 21.<\/li>\n<\/ul>", "decision_domains": { "fermobcontractunlt.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }