FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT<\/p>\n
The Complainant is a French company that has designed and manufactured metal and colored outdoor furniture since 1989.<\/span><\/p>\n It has owned the domain name <fermob.com> since 24 December 1996. <\/p>\n The Domain Name <fermob.net> was registered on 29 November 2009. It resolves to a parking page with commercial links where the Domain Name is offered for sale for 5900 EUR.<\/p>\n The term “FERMOB” is a contraction of French term “FER” (“steel”) and MOB (for French term “Mobilier” – ie “Furniture”) and has no independent meaning unrelated to 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 (the \"Domain Name\").<\/p>",
"no_response_filed": " NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>",
"rights": " The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trade mark 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 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 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": [
"Matthew Harris"
],
"date_of_panel_decision": "2023-10-05 00:00:00",
"informal_english_translation": " The Complainant is the owner of a number of registered trade marks around the world that comprise or incorporate the term “FERMOB” including:<\/p>\n - French trade mark n° 3243498 registered on 1 September 2003 as a combined trade mark where the text element is \"Fermob\" in classes 11, 20 and 21;<\/p>\n - International trade mark n° 829242 filed on 1 March 2004 for a figurative mark which predominantly takes the form of the term \"Fermob\" in stylised text in classes 11, 20 and 21. The mark has to at least some extent proceeded to registration in 10 territories; and<\/p>\n - European trade mark n° 6952758 registered on 22 May 2008 for FERMOB as a work mark in classes 11, 20 and 21.<\/p>",
"decision_domains": {
"fermob.net": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}