The Complainant is an Italian company selling cosmetics under the KORIKA brand. The KORIKA cosmetics have been sold on-line for several years in Europe. KORIKA cosmetics are growing by about 30% every year and are in the middle to high income consumer's segment. KORIKA cosmetics are directed to an extended public, from teenagers to adults, including anti-aging products.<\/p>\n
The disputed domain name was registered on 3 December 2004 and resolves to a website displaying the wording \"This Domain is For Sale\", Below this wording is the same email address contained in the Whois of the disputed domain name. <\/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": "
According to the Complainant, the disputed domain name is identical to its KORIKA trademark as it merely reproduces this trademark followed by the generic Top Level Domain Name (gTLD) \".com\", which has no distinctive character.<\/p>\n
The Complainant also maintains that the Respondent lacks rights or legitimate interests in the disputed domain name as the Respondent has not title enabling him to use the trademark KORIKA in the disputed domain name. On the contrary, the Respondent violates the rights of the Complainant deriving from the trademark KORIKA.<\/p>\n
Lastly, the Complainant maintains that the disputed domain name was registered and is being used in bad faith. The Complainant's trademark is well known and the Respondent is offering for sale the disputed domain name. Thus, the Respondent has the dishonest intention to profit from the reputation of the Complainant's trademark for its own economic advantage.<\/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 Panel has not evaluated the requirement of the Respondent's rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy) since the Complainant has not proved the Respondent's bad faith (see below).<\/p>", "bad_faith": "
The Complainant has not, 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": "Rejected", "panelists": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2023-12-03 00:00:00", "informal_english_translation": "
The Complainant is the owner of the following European Union trademarks:<\/p>\n
- KORIKA (word), No. 017156795, filed on 29 August 2017<\/span> and registered on December 11, 2017, for goods in class 3;
- KORIKA (figurative), No. 018024205, filed on 18 February 2019, and registered on 4 June 2019, for goods in class 3;<\/span>
- KORIKA (figurative), No. 018539230, filed on 26 August 2021 and registered on 10 December 2021, for goods in classes 3 and 10<\/span>;
- KORIKA (word), No. 018539231, filed on 26 August 2021, and registered on 10 December 2021, for goods in classes 3 and 10;<\/span><\/p>",
"decision_domains": {
"korika.com": "REJECTED"
},
"panelist": null,
"panellists_text": null
}