{ "case_number": "CAC-UDRP-105451", "time_of_filling": "2023-05-17 11:49:18", "domain_names": [ "ghetemou.com", "moucizmecrnagora.com", "moueskimobootsoutlet.com", "moufrance.com", "mougreece.com", "mouitalia.com", "mouslovenija.com", "mouturkey.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Mou Limited" ], "complainant_representative": "SILKA AB", "respondent": [ "Web Commerce Communications Limited :Client Care" ], "respondent_representative": null, "factual_background": "

The Complainant is a London based company created by Shelley Tichborne in the United Kingdom in 2002. The Complainant provides footwear and accessories such as bags, wallets, hats and gloves, for men, women and children. The Complainant’s products are sold globally via their website “www.mou-online.com” and are also available for sale via selected boutiques and high-profile department stores across the world. In addition, it makes wholesale sales in 35 countries, including Asiatic countries.<\/span><\/p>\n

To Complainant’s MOU brand refers to both the name of the company and the trademark on which this Complaint is based. “MOU” products are well-regarded in the fashion industry and used also by many celebrities.<\/span><\/p>\n

No information is known about the Respondent, named Web Commerce Communications Limited, a company with its official seat at Kuala Lumpur, Malaysia.<\/span><\/p>\n

According to the WhoIs data, the disputed domain names were registered on the following dates:<\/span><\/p>\n

ghetemou.com                       20-10-2022<\/span><\/p>\n

moucizmecrnagora.com        20-10-2022<\/span><\/p>\n

moueskimobootsoutlet.com 28-11-2022<\/span><\/p>\n

moufrance.com                      28-11-2022<\/span><\/p>\n

mougreece.com                     28-11-2022<\/span><\/p>\n

mouitalia.com                        28-11-2022<\/span><\/p>\n

mouslovenija.com                  20-10-2022<\/span><\/p>\n

mouturkey.com                     28-11-2022<\/span><\/p>\n

 <\/span><\/p>\n

The disputed domain names <moueskimobootsoutlet.com>, <mouitalia.com>, <mouslovenija.com> and <mouturkey.com> are currently inactive.<\/span><\/p>\n

The disputed domain names <ghetemou.com>, <moucizmecrnagora.com>, <moufrance.com> and <mougreece.com> resolve to websites in which the Respondent display the Complainant’s MOU mark on top and allegedly offer MOU-branded goods for sale, without disclosing its lack of relationship with the Complainant.<\/span><\/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": "

PARTIES' CONTENTIONS:<\/p>\n

COMPLAINANT:<\/p>\n

The Complainant requests that all the disputed domain names be transferred to the Complainant based on the following grounds:<\/span><\/p>\n

Identical or confusingly similar<\/span><\/strong><\/p>\n

The Complainant has not only registered rights in the mark MOU by virtue of the above-mentioned trademark registrations, but also unregistered rights by virtue of the well-known status of the mark MOU in the fashion industry.<\/span><\/p>\n

According to the Complainant, the disputed domain names are confusingly similar to the mark MOU, because it contains “MOU” as the principal distinctive element and the addition of the country names and generic terms, as well as the generic Top-Level Domain (“gTLD”) “.com do not eliminate the confusing similarity between the Complainant’s trademark and the disputed domain names.<\/span><\/p>\n

No rights or legitimate interests<\/span><\/strong><\/p>\n

The Complainant argues that there is no evidence at all that the Respondent is commonly known by the any of the disputed domain names or a name corresponding to the disputed domain names, nor that the Respondent has ever offered any goods or services under any of the disputed domain names, nor has making any businesses with the Complainant. Moreover, the Complainant states that the Respondent has not been licensed or authorized in other way to use the Complainant’s trademarks nor to apply for or use any domain name incorporating such trademarks. <\/span><\/p>\n

Finally, according to the Complainant, the Respondent does not appear to be making a legitimate noncommercial or fair use of the disputed domain names.<\/span><\/p>\n

Furthermore, despite that the generic and country names incorporated in the disputed domain names have a clear and known meaning, the disputed domain names in its entire form do not have any meaning in English or Malaysian language.<\/span><\/p>\n

Registered and used in bad faith<\/span><\/strong><\/p>\n

Given that the MOU mark is recognised as a well-known trademark in the fashion industry and the Complainant’s rights in the mark predate the registration of the disputed domain names, the Complainant considers that the Respondent must have been aware of the rights the Complainant has in the MOU trademark, at the time of their registrations. Furthermore, the Respondent could have easily performed a quick search before registering the disputed domain names which would give him the information that the trademark MOU is owned by the Complainant and that the Complainant has been using its trademark for numerous of years.<\/span><\/p>\n

For the disputed domain names <moueskimobootsoutlet.com>, <mouitalia.com>, <mouslovenija.com> and <mouturkey.com>, which does not resolve to any active website, passive holding of a domain name which has no other legitimate use and clearly references the Complainant's trademark constitutes use in bad faith. <\/span><\/p>\n

For the disputed domain names <ghetemou.com>, <moucizmecrnagora.com>, <moufrance.com> and <mougreece.com>, which relate to a website offering products bearing the Complainant’s mark for sale without any indication of their relationship to the Complainant, the Respondent presumably aims to capitalize on the reputation of the Complainant's trademark by diverting Internet users seeking MOU branded products to the Respondent’s websites for his own illicit gain.<\/span><\/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 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 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 names (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 names have 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": [ "Hana Císlerová" ], "date_of_panel_decision": "2023-06-28 00:00:00", "informal_english_translation": "

The Complainant is the registered owner of several trademarks for the name MOU, among which the following:<\/span><\/p>\n

    \n
  1. European Union Trademark Registration number 008164204 (figurative mark), registered on December 11, 2009, in international classes 3, 18 and 25.<\/span><\/li>\n
  2. International Trademark Registration number 1001663 (figurative mark), registered on April 8, 2009, in international classes 3 and 5. The trademark designates, inter alia, Russia China, Israel and Viet Nam.<\/span><\/li>\n
  3. International Trademark Registration number 1005206, registered on April 28, 2009, in international class 18. The trademark designates, inter alia, Russia and China.<\/span><\/li>\n
  4. Turkish Trademark Registration number 2010 69019 MOU (word mark), registered on March 4, 2013, in international classes 18 and 25.<\/span><\/li>\n
  5. Turkish Trademark Registration number 2011 57434 MOU (word mark), registered on October 17, 2012, in international classes 18 and 25.<\/span><\/li>\n
  6. United States Trademark Registration number 3663689 MOU (word mark), registered on August 4, 2009, in international class 25.<\/span><\/li>\n
  7. United Kingdom Trademark Registration number UK00002432785, registered on June 15, 2007, in international classes 3, 24 and 25.<\/span><\/li>\n<\/ol>\n

    The Complainant is also the owner of domain names containing the denomination “MOU” among others the domain name mou-online.com, which hosts a website that displays information about the Complainant and its products (registered prior to the registration date of the Disputed Domain Names on January 26, 2006).<\/span><\/p>", "decision_domains": { "ghetemou.com": "TRANSFERRED", "moucizmecrnagora.com": "TRANSFERRED", "moueskimobootsoutlet.com": "TRANSFERRED", "moufrance.com": "TRANSFERRED", "mougreece.com": "TRANSFERRED", "mouitalia.com": "TRANSFERRED", "mouslovenija.com": "TRANSFERRED", "mouturkey.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }