It results from the Complainant’s undisputed allegations that it is an Italian sport equipment manufacturer active in the sector of footwear and winter sports equipment also with the brand Rollerblade, which is involved in the manufacturing and sale of in-line skates and related products.<\/p>\n
The Complainant further contends its trademark ROLLERBLADE be distinctive and well-known.<\/p>\n
Furthermore, the Complainant use the domain name < rollerblade.com > (registered on February 5, 2004) to connect to its official website for advertising and commercializing its products.<\/p>\n
The disputed domain name <rollerbladeargentina.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladeaustralia.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladebrusle.com> was registered on June 2, 2023;<\/p>\n
the disputed domain name <rollerblade-chile.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladecolombia.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladedeutschland.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <rollerbladefrance.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladehungary.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladeireland.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladeitalia.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <rollerbladekorcule.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <rollerblademalaysia.com> was registered on June 2, 2023;<\/p>\n
the disputed domain name <rollerbladenederland.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladenz.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladephilippines.com> was registered on June 2, 2023;<\/p>\n
the disputed domain name <rollerbladeportugal.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladeromania.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladeschweiz.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <rollerbladeserbia.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <rollerbladesingapore.com> was registered on May 31, 2023;<\/p>\n
the disputed domain name <rollerbladeskatescanada.com> was registered on June 1, 2023;<\/p>\n
the disputed domain name <rollerbladeskatesusa.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladessouthafrica.com> was registered on June 1, 2023;<\/p>\n
the disputed domain name <rollerbladeuae.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladingsverige.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladinguk.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerblade-colombia.com> was registered on December 1, 2023;<\/p>\n
the disputed domain name <xn--rollerbladeespaa-lub.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <xn--rollerbladesterreich-ebc.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <xn--rollerbladetrkiye-e3b.com> was registered on June 7, 2023.<\/p>\n
Furthermore, the undisputed evidence provided by the Complainant proves that the disputed domain names resolve to websites purportedly offering for sale products under the Complainant’s trademarks, displaying without authorization the Complainant’s trademark and logo.<\/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": "
The disputed domain name <rollerbladeargentina.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladeaustralia.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladebrusle.com> was registered on June 2, 2023;<\/p>\n
the disputed domain name <rollerblade-chile.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladecolombia.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladedeutschland.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <rollerbladefrance.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladehungary.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladeireland.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladeitalia.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <rollerbladekorcule.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <rollerblademalaysia.com> was registered on June 2, 2023;<\/p>\n
the disputed domain name <rollerbladenederland.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladenz.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladephilippines.com> was registered on June 2, 2023;<\/p>\n
the disputed domain name <rollerbladeportugal.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladeromania.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladeschweiz.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <rollerbladeserbia.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <rollerbladesingapore.com> was registered on May 31, 2023;<\/p>\n
the disputed domain name <rollerbladeskatescanada.com> was registered on June 1, 2023;<\/p>\n
the disputed domain name <rollerbladeskatesusa.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladessouthafrica.com> was registered on June 1, 2023;<\/p>\n
the disputed domain name <rollerbladeuae.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladingsverige.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerbladinguk.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <rollerblade-colombia.com> was registered on December 1, 2023;<\/p>\n
the disputed domain name <xn--rollerbladeespaa-lub.com> was registered on June 5, 2023;<\/p>\n
the disputed domain name <xn--rollerbladesterreich-ebc.com> was registered on June 7, 2023;<\/p>\n
the disputed domain name <xn--rollerbladetrkiye-e3b.com> was registered on June 7, 2023.<\/p>\n
<\/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
According to the information provided by the Registrars upon the Request for Registrar Verification sent by Online ADR Center of the Czech Arbitration Court, the disputed domain names are registered by different Registrants (Respondents): (i.e. Kristin Muench <\/strong>(Germany) is the Registrant of <xn--rollerbladeespaa-lub.com>; Sophia Werner <\/strong>(Germany) is the Registrant of <xn--rollerbladesterreich-ebc.com>; Niklas Fuhrmann <\/strong>(Germany) is the Registrant of <xn--rollerbladetrkiye-e3b.com> and Web Commerce Communications Limited <\/strong>(Malaysia) is the Registrant of the remaining 27 domain names.<\/p>\n The Complainant requests the Panel to consolidate the cases.<\/p>\n Under Paragraph 10(e) of the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules) “A Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules”.<\/p>\n In the Panel’s view the Complainant submitted sufficient evidence to justify the consolidation in terms of common control of the domain names or corresponding websites and fairness and equitableness of the consolidation to all parties.<\/p>\n As specified in WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Jurisprudential Overview 3.0”) at point 4.11.2 “Panels have considered a range of factors, typically present in some combination, as useful to determining whether such consolidation is appropriate, such as similarities in or relevant aspects of (i) the registrants’ identity(ies) including pseudonyms, (ii) the registrants’ contact information including email address(es), postal address(es), or phone number(s), including any pattern of irregularities, (iii) relevant IP addresses, name servers, or webhost(s), (iv) the content or layout of websites corresponding to the disputed domain names, (v) the nature of the marks at issue (e.g., where a registrant targets a specific sector), (vi) any naming patterns in the disputed domain names (e.g., <mark-country> or <mark-goods>), (vii) the relevant language\/scripts of the disputed domain names particularly where they are the same as the mark(s) at issue, (viii) any changes by the respondent relating to any of the above items following communications regarding the disputed domain name(s), (ix) any evidence of respondent affiliation with respect to the ability to control the disputed domain name(s), (x) any (prior) pattern of similar respondent behaviour, or (xi) other arguments made by the complainant and\/or disclosures by the respondent(s).<\/p>\n The Panel considers the consolidation as appropriate, taking into consideration, in particular, the layout of the websites corresponding to the disputed domain names. In particular, all the disputed domain names resolve to websites that have the same layout, i.e. webshops allegedly advertising Complainant’s products, all displaying the Complainant’s trademark and logo at the beginning of the headers, the banner in the middle of the header relating to special conditions (for instance lowest price guarantee; free shipping starting from a specific amount; or discount on the first order etc.) and the icons related to men, women, children and accessories (in different corresponding languages) and they share the same footers (links, disclaimers and social media icons). In addition, there are similarities in the naming patterns in the disputed domain names, e.g. all disputed domain names contain at least the Complainant’s trademark (or at least the dominant feature of the Complainant’s trademark) ROLLERBLADE and a geographical term (but the disputed domain names <rollerbladekorcule.com> and < rollerbladebrusle.com> containing a generic\/descriptive term). Thus, the layout of the websites corresponding to the disputed domain names and the naming patterns in the disputed domain names give evidence of a common control of the domain names at issue.<\/p>\n On the balance of probabilities and taking into account the above circumstances of the present case, the Panel finds that the disputed domain names are under common control. The Panel is also satisfied that consolidation of these disputes is fair and equitable to all parties, and that they should be consolidated in the interest of procedural efficiency (s. Pandora A\/S v. Larry Sack, Alice Ferri, marino blasi, Sirkin Mösening, Meghan Pier, Monica Lugo, Tom Farge<\/em>n, CAC Case No. 103259).<\/p>\n Furthermore, the Respondent has not contested or provided any rebuttal regarding the consolidation request made by the Complainant. Therefore, the Panel finds that consolidation would be fair and equitable.<\/p>",
"decision": "Accepted",
"panelists": [
"Dr. Federica Togo"
],
"date_of_panel_decision": "2024-01-25 00:00:00",
"informal_english_translation": " The Complainant is the registered owner of many trademarks for ROLLERBLADE worldwide, e.g. European Union trademark registration no. 000064030 ROLLERBLADE registered on December 1, 1998 for goods in classes 9, 18, 25 and 28.<\/p>",
"decision_domains": {
"rollerbladeargentina.com": "TRANSFERRED",
"rollerbladeaustralia.com": "TRANSFERRED",
"rollerbladebrusle.com": "TRANSFERRED",
"rollerblade-chile.com": "TRANSFERRED",
"rollerbladecolombia.com": "TRANSFERRED",
"rollerbladedeutschland.com": "TRANSFERRED",
"rollerbladefrance.com": "TRANSFERRED",
"rollerbladehungary.com": "TRANSFERRED",
"rollerbladeireland.com": "TRANSFERRED",
"rollerbladeitalia.com": "TRANSFERRED",
"rollerbladekorcule.com": "TRANSFERRED",
"rollerblademalaysia.com": "TRANSFERRED",
"rollerbladenederland.com": "TRANSFERRED",
"rollerbladenz.com": "TRANSFERRED",
"rollerbladephilippines.com": "TRANSFERRED",
"rollerbladeportugal.com": "TRANSFERRED",
"rollerbladeromania.com": "TRANSFERRED",
"rollerbladeschweiz.com": "TRANSFERRED",
"rollerbladeserbia.com": "TRANSFERRED",
"rollerbladesingapore.com": "TRANSFERRED",
"rollerbladeskatescanada.com": "TRANSFERRED",
"rollerbladeskatesusa.com": "TRANSFERRED",
"rollerbladessouthafrica.com": "TRANSFERRED",
"rollerbladeuae.com": "TRANSFERRED",
"rollerbladingsverige.com": "TRANSFERRED",
"rollerbladinguk.com": "TRANSFERRED",
"rollerblade-colombia.com": "TRANSFERRED",
"xn--rollerbladeespaa-lub.com": "TRANSFERRED",
"xn--rollerbladesterreich-ebc.com": "TRANSFERRED",
"xn--rollerbladetrkiye-e3b.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}