Complainant states that it “designs, sources, distributes, sells and markets outdoor backpacks since its foundation in 1974”; that its global revenue was US $60 million in 2022; and that it sells its products online at a website using the domain name <osprey.com>, which was created on April 11, 1999.<\/p>\n
The Disputed Domain Names were created on dates ranging from December 25, 2022, to February 24, 2023. Each of the Disputed Domain Names is used in connection with a website that, as described by Complainant (and as confirmed by screenshots submitted as evidence), “prominently feature[es] the Complainant’s ‘OSPREY’ figurative trademark at the top of every page, on each of its 35 substantially identical websites in connection with the sale of backpacks.”<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the Disputed Domain Names.<\/p>", "no_response_filed": "
Complainant contends, in relevant part, as follows:<\/p>\n
Paragraph 4(a)(i): Complainant states that each of the Disputed Domain Names “incorporate[s] the ‘OSPREY’ trademark(s) in their entirety, plus an additional term” and that “panels have held domain names to be confusingly similar if the entirety of a trademark, or where at least a dominant feature of the relevant mark is recognizable in the domain name.”<\/p>\n
Paragraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, “Complainant has no relationship whatsoever with the Respondent and has never licensed or otherwise authorized the Respondent to use the ‘OSPREY’ trademark on the websites or in the disputed domain names”; “Complainant has exclusive trademark rights which predate the registration of the disputed domain names”; Respondent has produced “[n]o such credible evidence” to demonstrate that it is “commonly known” by any of the Disputed Domain Names; “Respondent does not hold any genuine trademark or service mark right”; and “[i]t is clear that Respondent has registered and used the disputed domain names for the purpose of passing itself off as being (connected with) the Complainant.”<\/p>\n
Paragraph 4(a)(iii): Complainant states that the Disputed Domain Name was registered and is being used in bad faith because, inter alia, Respondent has engaged in a pattern of conduct under paragraph 4(b)(ii) of the Policy by registering and using the 35 Disputed Domain Names; and Respondent has created a likelihood of confusion under paragraph 4(b)(iv) of the Policy by “offering goods similar to those of the Complainant under the Complainant’s trademarks.”<\/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 UDRP).<\/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 UDRP).<\/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 UDRP).<\/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>\n
The Panel has considered whether consolidation is appropriate in this case and concludes that “(i) the domain names or corresponding websites are subject to common control, and (ii) the consolidation would be fair and equitable to all parties.” WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 4.11.2.<\/p>\n
Further, to the extent that the language of the proceeding may be an issue, the Panel concludes that English is appropriate here considering “the language\/script of the domain name,” “any content on the webpage under the disputed domain name,” “potential unfairness or unwarranted delay in ordering the complainant to translate the complaint,” and “in cases involving multiple domain names, the use of a particular language agreement for some (but not all) of the disputed domain names.” WIPO Overview 3.0, section 4.5.1<\/p>", "decision": "Accepted", "panelists": [ "Douglas Isenberg" ], "date_of_panel_decision": "2023-06-14 00:00:00", "informal_english_translation": "
Complainant states, and provides relevant evidence, that it is the owner of a number of trademark registrations for OSPREY since 2002, including Int’l Reg. No. 1049358 (registered August 11, 2010), Int’l Reg. No. 1074730 (registered August 26, 2010), EUIPO Reg. No. 004312534 (registered June 28, 2007), EUIPO Reg. No. 004312518 (registered February 14, 2006), and U.S. Reg. No. 2,571,330 (registered May 21, 2002). These registrations are referred to herein as the “OPSREY Trademark.”<\/p>", "decision_domains": { "osprey-chile.com": "TRANSFERRED", "osprey-nederland.com": "TRANSFERRED", "osprey-polska.com": "TRANSFERRED", "osprey-wien.com": "TRANSFERRED", "ospreybackpackaustralia.com": "TRANSFERRED", "ospreybackpackireland.com": "TRANSFERRED", "ospreybackpackscanada.com": "TRANSFERRED", "ospreybackpacksphilippines.com": "TRANSFERRED", "ospreybackpackssingapore.com": "TRANSFERRED", "ospreycanadasale.com": "TRANSFERRED", "ospreyenchile.com": "TRANSFERRED", "ospreyencolombia.com": "TRANSFERRED", "ospreyenespana.com": "TRANSFERRED", "ospreyoutletdeutschland.com": "TRANSFERRED", "ospreyoutletmexico.com": "TRANSFERRED", "ospreysaleaustralia.com": "TRANSFERRED", "ospreysalesingapore.com": "TRANSFERRED", "ospreysaleuk.com": "TRANSFERRED", "ospreysbelgie.com": "TRANSFERRED", "ospreysdeutschland.com": "TRANSFERRED", "ospreysnederland.com": "TRANSFERRED", "ospreysschweiz.com": "TRANSFERRED", "ospreyudsalg.com": "TRANSFERRED", "ospreyuksale.com": "TRANSFERRED", "ospreybackpacksnz.com": "TRANSFERRED", "ospreybatoh.com": "TRANSFERRED", "ospreyenmexico.com": "TRANSFERRED", "ospreysacs.com": "TRANSFERRED", "ospreysdanmark.com": "TRANSFERRED", "ospreyzaino.com": "TRANSFERRED", "ospreyirelandsale.com": "TRANSFERRED", "ospreyoutletbelgie.com": "TRANSFERRED", "ospreyoutletschweiz.com": "TRANSFERRED", "osprey-philippines.com": "TRANSFERRED", "osprey-portugal.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }