The disputed domain name registered in 2017 has been pointed to a commercial site unrelated to the Complainant <tcpshield.com>.<\/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": "
COMPLAINANT:<\/p>\n
Trademark Ownership<\/strong><\/p>\n The Complainant is the rightful owner of the trademark \"Aternos,\" as demonstrated by our valid and registered trademarks in the EU, UK, and US (first in time 2021 in the EU).<\/p>\n <\/p>\n Confusing Similarity<\/strong><\/p>\n The disputed domain name <aternos.net> is identical to the Complainant's registered trademark \"Aternos,\" and this similarity is likely to cause confusion among consumers who may believe they are visiting an official website of the Complainant.<\/p>\n <\/p>\n Bad Faith Registration<\/strong><\/p>\n It is evident that the registrant of the disputed domain name that the Respondent has acted in bad faith by intentionally registering and using the domain name to divert consumers to a competing website, www.manacube.com. Their actions demonstrate a clear intention to profit at the expense of the Complainant's brand and reputation.<\/p>\n <\/p>\n Previous Relationship<\/strong><\/p>\n The Complainant has an established prior commercial relationship with the domain registrant demonstrating the Respondent's knowledge of the Complainant's trade mark and evidencing the claim of bad faith.<\/p>\n <\/p>\n Intent to Mislead<\/strong><\/p>\n The Respondent's actions, including the intentional redirection of consumers from <aternos.net> to <manacube.com>, unequivocally demonstrates an intent to mislead and confuse consumers. Such actions have a detrimental impact on the Complainant's brand and its integrity.<\/p>\n <\/p>\n Consumer Confusion and Harm<\/strong><\/p>\n The deliberate confusion caused by the registrant's actions is detrimental to the Complainant's business, resulting in potential financial losses and harm to its reputation.<\/p>\n <\/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 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). However, unfortunately for the Complainant these rights postdate the registration of the disputed domain name by several years.<\/p>",
"no_rights_or_legitimate_interests": " The Complainant has NOT, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/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 Respondent accessed the online platform on 13 November 2023, but never filed any statement.<\/p>\n 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": [
"Dawn Osborne"
],
"date_of_panel_decision": "2023-12-11 00:00:00",
"informal_english_translation": " The Complainant is the owner of the mark ATERNOS registered, inter alia, as an EUTM no 018349877 for advertising services since March 2021.<\/p>",
"decision_domains": {
"aternos.net": "REJECTED"
},
"panelist": null,
"panellists_text": null
}