The Complainant belongs to Wolverine World Wide, Inc. and describes itself as one of the world’s leading sellers of high-quality footwear and active wear apparel, including MERRELL-brand footwear and apparel, which has been in use, sold and marketed since at least 1982.<\/p>\n
The Complaint is directed against the following five Respondents and their respective disputed domain names as listed hereinafter. In the following list, the Panel also indicates the dates on which the disputed domain names have respectively been registered and the use or non-use as resulting from the evidence before the Panel for each domain name:<\/p>\n
(1) Joseph Graham (---name@126.com):<\/p>\n
<merrellphsale.com> (reg. 2022-12-19): no use<\/p>\n
<merrellcanadaonline.com> (reg. 2022-11-16): no use
<\/p>\n
(2) Thorsten Schwarz (---name@126.com):<\/p>\n
<merrellstore-philippines.com> (reg. 2022-11-25): no active use (access denied)
<\/p>\n
(3) Wendy Childs:<\/p>\n
<merrell-danmark.com> (reg. 2022-08-02): no use
<\/p>\n
(4) Whoisprotection.cc Domain Admin <\/p>\n
<merrelloutletromania.com> (reg. 2021-03-24): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark
<\/p>\n
(5) Web Commerce Communications Limited <\/p>\n
<merrellphilippine.com> (reg. 2022-11-08): no use<\/p>\n
<merrell-shoes-philippines.com> (reg. 2022-10-08): no active use (access denied)<\/p>\n
<merrellshopphilippines.com> (reg. 2023-05-12): no use<\/p>\n
<merrellskokobenhavn.com> (reg. 2022-10-08): no active use (access denied)<\/p>\n
<merrelloutletgreece.com> (reg. 2022-06-15): active use also for shoes<\/p>\n
<merrell-outletfactory.com> (reg. 2023-03-03): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark<\/p>\n
<merrelltrainersmensuk.com> (reg. 2022-07-21): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark<\/p>\n
<merrellsouthafricaoutlet.com> (reg. 2022-07-2 1): no use<\/p>\n
<merrellfactoryshopza.com> (reg. 2022-06-11): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark<\/p>\n
<merrellskotilbudonline.com> (reg. 2022-01-18): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark<\/p>\n
<merrellclchile.com> (reg. 2023-03-09): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark<\/p>\n
<merrellnewzealand.com> (reg. 2022-06-11): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark<\/p>\n
<merrellserbia.com> (reg. 2022-11-24): no use<\/p>\n
<merrelturkiye.com> (reg. 2022-08-31): no use<\/p>\n
<merrelcanadaoutlet.com> (reg. 2022-12-16): active use also for shoes<\/p>\n
<merrellonsalecanada.com> (reg. 2022-06-11): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark<\/p>\n
<merrelldenmark.com> (reg. 2022-08-07): no use<\/p>\n
<merrellsko-dk.com> (reg. 2022-03-23): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark<\/p>\n
<merrellseonline.com> (reg. 2023-03-06): no use<\/p>\n
<merrellskonorgeno.com> (reg. 2021-12-29): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark<\/p>\n
<merrellskonorgetilbud.com> (reg. 2022-01-18): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark<\/p>\n
<merrell-indonesia.com> (reg. 2022-10-08): no active use (access denied)<\/p>\n
<merrellsko-denmark.com> (reg. 2023-03-06): no active use (access denied)<\/p>\n
<merrellsverigeskor.com> (reg. 2023-06-06): active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark
<\/p>\n
The language of all Registration agreements is English.<\/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 names.<\/p>", "no_response_filed": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/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 are 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>\n
In particular, the Panel accepts the consolidated Complaint against all disputed domain names.<\/p>\n
Paragraph 10(e) of the Rules empowers a Panel to consolidate multiple domain disputes in accordance with the Policy and Rules. <\/p>\n
A consolidated complaint may be accepted where the criteria described below are prima facie <\/em>met. Furthermore, it is up to the Panel to issue a final determination on consolidation, which may apply its discretion in certain circumstances to order the separation of a filed complaint. In all cases, the burden falls to the party seeking consolidation to provide evidence in support of its request (see paragraph 4.11 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition, “WIPO Jurisprudential Overview 3.0).<\/p>\n Furthermore, where a complaint is filed against multiple respondents, as in the case at hand, Panels look at whether (i) the domain names or corresponding websites are subject to common control, and (ii) the consolidation would be fair and equitable to all parties. Procedural efficiency would also underpin panel consideration of such a consolidation scenario (WIPO Jurisprudential Overview 3.0, paragraph 4.11.2).<\/p>\n In the present case the Panel notes that the disputed domain names are registered on the name of five different Registrants.<\/p>\n All disputed domain names contain the same trademark (i.e. MERRELL) and have been created following the same naming pattern, i.e. trademark MERRELL placed at the beginning of the domain name and followed by descriptive and\/or non-distinctive terms or abbreviations. Furthermore, the Registrar indicated for all disputed domain names is identical (i.e. ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED) except for <merrell-danmark.com> registered with a different Registrar. In addition, two of the Registrants (Whoisprotection.cc Domain Admin and Web Commerce Communications Limited) are using domain names for the same content (i.e. active use for MERRELL branded shoe wear at allegedly highly discounted price, using MERRELL trademark). Finally, two of the Registrants (Joseph Graham and Torsten Schwarz) recorded the same e-mail address in the WHOIS (i.e. ---name@126.com). In the light of the above facts, the Panel has no doubt that all disputed domain names are subject to common control.<\/p>\n This is also the case for <merrell-danmark.com>, the only domain name with a different Registrar. This domain name nevertheless follows the same naming pattern than the other domain names. Furthermore, it has been registered on 2022-08-02 and therefore just a few days earlier than the very similar domain name <merrelldenmark.com> (2022-08-07) which additionally shares the same IP Location (i.e. Tallinn) and an IP address with the same first nine digits 165.231.180.<\/p>\n Finally, Registrants had the possibility to object the consolidation and respond to the complaint, but opted not to participate to these proceedings. The Panel therefore does not see any reasons why a consolidation should not be fair and equitable.<\/p>\n Therefore the Panel finds that the disputed domain names were registered by the same Respondent and proceeds to deliver this decision regarding all disputed domain names.<\/p>",
"decision": "Accepted",
"panelists": [
"Tobias Malte Müller"
],
"date_of_panel_decision": "2023-09-06 00:00:00",
"informal_english_translation": " It results from the evidence provided by the Complainant, which remain undisputed, that the Complainant holds several trademark registrations containing or consisting of the word element MERRELL, in particular US trademark MERRELL, registered on May 21, 1985 (first use in commerce: January 1, 1982) with no. 1,337,440 for goods in class 25. This mark has duly been renewed and is in force.
<\/span><\/p>",
"decision_domains": {
"merrellphsale.com": "TRANSFERRED",
"merrellcanadaonline.com": "TRANSFERRED",
"merrellstore-philippines.com": "TRANSFERRED",
"merrell-danmark.com": "TRANSFERRED",
"merrelloutletromania.com": "TRANSFERRED",
"merrellphilippine.com": "TRANSFERRED",
"merrell-shoes-philippines.com": "TRANSFERRED",
"merrellshopphilippines.com": "TRANSFERRED",
"merrellskokobenhavn.com": "TRANSFERRED",
"Merrelloutletgreece.com": "TRANSFERRED",
"Merrell-outletfactory.com": "TRANSFERRED",
"Merrelltrainersmensuk.com": "TRANSFERRED",
"Merrellsouthafricaoutlet.com": "TRANSFERRED",
"Merrellfactoryshopza.com": "TRANSFERRED",
"Merrellskotilbudonline.com": "TRANSFERRED",
"Merrellclchile.com": "TRANSFERRED",
"Merrellnewzealand.com": "TRANSFERRED",
"Merrellserbia.com": "TRANSFERRED",
"Merrelturkiye.com": "TRANSFERRED",
"Merrelcanadaoutlet.com": "TRANSFERRED",
"Merrellonsalecanada.com": "TRANSFERRED",
"Merrelldenmark.com": "TRANSFERRED",
"Merrellsko-dk.com": "TRANSFERRED",
"Merrellseonline.com": "TRANSFERRED",
"Merrellskonorgeno.com": "TRANSFERRED",
"Merrellskonorgetilbud.com": "TRANSFERRED",
"Merrell-indonesia.com": "TRANSFERRED",
"Merrellsko-denmark.com": "TRANSFERRED",
"merrellsverigeskor.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}