The Complainant is a company operating worldwide in the field of dinnerware goods and related services since 1970. In 2019, Corelle Brands LLC merged with Instant Brands Inc, creating a company with an enterprise value over $2 billion.<\/p>\n
The Complainant holds several trademark registrations for “CORELLE” dating back to 1970 in various countries and domain name incorporating “CORELLE” trademark as <corelle.com>.<\/p>\n
On December 30, 2022; the Respondent registered the disputed domain name <corelle-dinnerware.com>. The disputed domain name is currently inactive.<\/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
<\/p>\n
THE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR<\/p>\n
The Complainant contends that the disputed domain name <corelle-dinnerware.com> is confusingly similar to its well-known trademark “CORELLE”. The Complainant claims that its trademark “CORELLE” is incorporated verbatim in the disputed domain name <corelle-dinnerware.com> and the addition of the descriptive term “DINNERWARE” does not prevent the likelihood of confusion between the disputed domain name and the Complainant’s trademarks.<\/p>\n
<\/p>\n
NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME<\/p>\n
The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and he is not related in any way with the Complainant.<\/p>\n
The Complainant submits that the Respondent is using the disputed domain name to resolve to an infringing website, which offers for sale and\/or advertises the sale of counterfeit and knockoff products infringing various intellectual property rights held by the Complainant.<\/span> It is claimed that the Respondent’s use of the disputed domain name is merely to impersonate\/pass off as the Complainant in order to sell counterfeit, and this shows that the Respondent is not using the disputed domain name in relation to a bona fide<\/em> offering of goods or services.<\/span><\/p>\n The Complainant also asserts that the Respondent has never legitimately been known by the name “CORELLE“ at any point in time.<\/span><\/p>\n <\/p>\n THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH<\/p>\n The Complainant claims that its trademarks pre-dates the registration of the disputed domain name and they enjoy a wide reputation. Furthermore, it is claimed that the Respondent was unequivocally aware of the “CORELLE” trademark given the Respondent’s infringing website is set up to impersonate\/pass off as the Complainant in order to sell counterfeit products. Therefore, the Complainant submits that the Respondent had knowledge of its trademarks and that the disputed domain name is registered with the sole purpose of targeting the Complainant’s registered trademarks.<\/p>\n The Complainant also submits that the Respondent has registered the disputed domain name in bad faith by intentionally attempting to attract, for commercial gain, Internet users to its website infringing the Complainant’s trademark rights, by creating a likelihood of confusion with the Complainant's trademarks as to the source, sponsorship, affiliation, or endorsement of the infringing website under Policy, Paragraph 4(b)(iv).<\/p>\n It is claimed that the Respondent has registered the disputed domain name in order to drive Internet traffic to its infringing website in order to impersonate\/pass off as the Complainant to sell counterfeit products and using a trademark to divert traffic to the Respondent’s own website is consistently held by panelists to amount bad faith registration and use under Policy, Paragraph 4(b)(iv).<\/p>\n The Complainant further submits that the Respondent disrupts the Complainant’s business by diverting potential customers to its infringing website selling counterfeit products. Using a confusingly similar domain name in a manner disruptive of a Complainant’s business by trading upon the goodwill of a Complainant for the commercial gain is asserted to evidence bad faith under paragraph 4(b)(iii) and (v) of the Policy. <\/span><\/p>\n On these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name <corelle-dinnerware.com> in bad faith.<\/p>\n <\/p>\n <\/p>\n RESPONDENT:<\/p>\n <\/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": [
"Mrs Selma Ünlü"
],
"date_of_panel_decision": "2023-06-23 00:00:00",
"informal_english_translation": " The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the “CORELLE” trademarks on various goods and services related to, inter alia<\/em>, dinnerware in various countries. The Complainant’s certain “CORELLE” trademarks are, inter alia<\/em>, the following:<\/p>\n - China trademark n° 258707 registered on August 9, 1986;<\/p>\n - China trademark n° 39201377 registered on June 7, 2020;<\/p>\n - Canada trademark n° TMA167153 registered on January 2, 1970;<\/p>\n - United Kingdom trademark n° UK00904259231 registered on March 27, 2006.<\/p>\n Moreover, the Complainant is also the owner of the domain name <corelle.com> registered on November <\/span>9, 2000.<\/p>",
"decision_domains": {
"corelle-dinnerware.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}