{ "case_number": "CAC-UDRP-105392", "time_of_filling": "2023-04-26 09:59:47", "domain_names": [ "fermob.org" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "FERMOB" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Hrvoje Novak (SuperAspect LTD)" ], "respondent_representative": null, "factual_background": "

The Complainant is a French company that designs and manufactures metal and colored outdoor furniture since 1989.<\/p>\n

The disputed domain name was registered on the 28th of June 2022 and resolves to a webpage where the disputed domain name is offered for sale at 2495,00 USD.<\/p>\n

<\/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 maintains that the disputed domain name is identical to the Complainant's trademark as the addition of the gTLD \".org\" does not change the overall impression of the disputed domain name as being connected to the trademark FERMOB.<\/p>\n

The Complainant further contends that the Respondent lacks rights or legitimate interests in the disputed domain name.  According to the Complainant, the Respondent is not known by the disputed domain name, that there is no relation between the Complainant and the Respondent , that the Respondent does not carry out any activity for, nor has any business with, the Respondent. In addition, the Respondent is not a licensee of the Complainant, nor the Complainant has granted the Respondent any authorization to make use of the Complainant's mark or to apply for the registration of the disputed domain name.<\/p>\n

The disputed domain name resolves to a webpage where it is offered for sale for 2495,00 USD, which, in the Complainant's view, is a further confirmation of the fact that the Respondent lacks rights or legitimate interests in the disputed domain name.<\/p>\n

In relation to bad faith, the Complainant maintains that the trademark FERMOB enjoys strong reputation and does not have any meaning except in relation to the Complainant. The disputed domain name has been registered several years after the registration of the Complainant's mark and is identical to it.  It is therefore reasonable to conclude that the Respondent registered the disputed domain name with full knowledge of the Complainant's trademark. Moreover, the Respondent is not making any active use of the disputed domain name, which is only offered for sale for the amount of 2495,00 USD.  Accordingly, the Respondent registered the disputed domain name in bad faith, only to sell it for more than the out-of-pocket costs related to the disputed domain name.<\/p>\n

 <\/p>\n

The Respondent did not file a response.<\/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": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2023-06-02 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following trademarks:<\/p>\n