The Complainant runs a 105-year-old brand for sneakers and sports apparel originating in The Netherlands. <\/p>\n
The Complaint is directed against three Respondents and their respective disputed domain names as listed hereinafter (including the dates on which the disputed domain names have respectively been registered):<\/p>\n
(1) Web Commerce Communications Limited:<\/p>\n
<karhulenkkaritale.com> (reg. 2021-08-30; no use)<\/p>\n
<karhutrainersuk.com> (reg. 2022-01-10; no use)<\/p>\n
<karhuparis.com> (reg. 2022-03-02; no use)<\/p>\n
<teniskarhumexico.com> (reg. 2022-04-24; no use)<\/p>\n
<karhusouthafricas.com> (reg. 2022-05-06; no use)<\/p>\n
<karhukengatsuomi.com> (reg. 2022-07-22; no use)<\/p>\n
<karhu-nz.com> (reg. 2022-10-27; no use)<\/p>\n
<karhutrainerssales.com> (reg. 2022-11-12; no use)<\/p>\n
<karhu-espana.com> (reg. 2022-11-28; no use)<\/p>\n
<karhulaufschuhesale.com> (reg. 2023-02-01; no use)<\/p>\n
(2) Qiu Xiaofeng:<\/p>\n
<karhuoutlet.com> (reg. 2022‐12‐26; no use)<\/p>\n
(3) <\/span>Whoisprotection.cc:<\/p>\n <karhushoessale.com> (reg. 2021-05-09; no use)<\/p>\n <karhuespana.com> (reg. 2021-05-11; no use)<\/p>\n <karhubrasil.com> (reg. 2021-05-17; no use)<\/p>\n <\/p>\n It results from the Registrar's verification response that the registration language for all disputed domain names is English.<\/p>\n Finally, the undisputed evidence before the Panel shows that all disputed domain names resolve to web shops prominently featuring in the header the KARHU trademark and allegedly selling the Complainant’s shoes in part at highly discounted prices.<\/p>\n <\/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 are 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, “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 (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 three different Registrants.<\/p>\n All disputed domain names contain the same trademark (i.e. KARHU) and have been created following the same naming pattern with the trademark KARHU placed at the beginning of the domain name (except for <teniskarhumexico.com>) and followed by non-distinctive terms or abbreviations, such as descriptive or geographic terms. Furthermore, the Registrar indicated for the disputed domain names is identical (i.e. ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED) except for <karhuoutlet.com> registered with a different Registrar. Finally, all Respondents are actively using domain names for the same content, i.e. for a web shop prominently featuring in the header the KARHU trademark and allegedly selling the Complainant’s shoes in part at highly discounted prices. 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 <karhuoutlet.com>, the only domain name with a different Registrar. Also, this domain name follows the same naming pattern than the other domain names and is being used for the same type of web shop.<\/p>\n Finally, the three Registrants had the possibility to object the consolidation and respond to the Complaint but opted not to participate to these proceedings.<\/p>\n The Panel therefore does not see any reasons why a consolidation should not be fair and equitable and proceeds to deliver this decision regarding all disputed domain names.<\/p>\n <\/p>",
"decision": "Accepted",
"panelists": [
"Tobias Malte Müller"
],
"date_of_panel_decision": "2023-10-23 00:00:00",
"informal_english_translation": " It results from the evidence provided by the Complainant, which remained undisputed, that the Complainant holds several trademark registrations containing or consisting of the word element KARHU, in particular US trademark KARHU (word), registered on February 16, 1971, with no. 0907891 for goods in classes 25 and others. This mark has duly been renewed and is in force.<\/p>\n <\/p>",
"decision_domains": {
"karhulenkkaritale.com": "TRANSFERRED",
"karhutrainersuk.com": "TRANSFERRED",
"karhuparis.com": "TRANSFERRED",
"teniskarhumexico.com": "TRANSFERRED",
"karhusouthafricas.com": "TRANSFERRED",
"karhukengatsuomi.com": "TRANSFERRED",
"karhu-nz.com": "TRANSFERRED",
"karhutrainerssales.com": "TRANSFERRED",
"karhu-espana.com": "TRANSFERRED",
"karhulaufschuhesale.com": "TRANSFERRED",
"karhuoutlet.com": "TRANSFERRED",
"karhushoessale.com": "TRANSFERRED",
"karhuespana.com": "TRANSFERRED",
"karhubrasil.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}