The Complainant, Marshall Amplification PLC, is an English company that is renowned for designing, amongst other products, music amplifiers, speaker cabinets, brands personal headphones and earphones, and, having acquired Natal Drums, drums and bongos. It was established in 1962. In 1992, the Complainant changed its name to Marshall Amplification PLC.<\/p>\n
The Complainant holds many trademark registrations including “MARSHALL” phrase going back to 1969 and the Complainant also holds the domain names bearing “MARSHALL”, such as <marshall.com> and <marshallheadphones.com>.<\/p>\n
On July 26, 2023; the Respondent registered the disputed domain names <marshallshops.xyz> and <marshallshops.site>. The disputed domain names are currently inactive and parked.<\/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": "
COMPLAINANT:<\/p>\n
The disputed domain names are confusingly similar to the Complainant’s formerly registered distinctive trademarks, as they bear the Complainant’s “MARSHALL” trademark as a whole with the addition of the descriptive term “shops”, which would not prevent a finding of confusing similarity.<\/p>\n
The Complainant refers to earlier decisions and claims that the top level domains “.site” and “.xyz” are merely technical requirements <\/span>and will be disregarded, so the domain names remain confusingly similar despite their inclusion.<\/p>\n <\/p>\n The Complainant states that given the considerable reputation of the MARSHALL trademark, there is no believable or realistic reason for registration or use of the disputed domain names, other than to take advantage of the Complainant’s rights.<\/p>\n The Complainant submits that the disputed domain names resolve to pay-per-click (PPC) pages and refers to WIPO Overview 3.0, section 2.9 (‘applying UDRP paragraph 4(c), panels have found that the use of a domain name to host a parked page comprising PPC links does not represent a bona fide offering where such links compete with or capitalise on the reputation and goodwill of the complainant’s mark or otherwise mislead Internet users.’).<\/p>\n The Complainant also states that the Respondent is neither affiliated nor authorized by the Complainant in any way and neither license nor authorization has been granted to the Respondent to use the Complainant’s trademarks “MARSHALL”.<\/p>\n The Respondent has no rights on the disputed domain names as the Respondent is not known as the disputed domain names and as the Respondent does not hold any trademark or domain name with “MARSHALL”.<\/p>\n The Complainant argues that the Respondent is not using the disputed domain name in connection with bona fide offering of goods or services or a legitimate non-commercial or fair use.<\/span><\/p>\n <\/p>\n The Complainant claims that Complainant’s “MARSHALL” trademarks significantly predate the disputed domain names. The Complainant states that “MARSHALL” is a well-known trademark. It is claimed that by conducting a simple online search regarding the term “MARSHALL”, the Respondent would have inevitably learned about the Complainant, its trademark and business.<\/p>\n The Complainant asserts that it is inconceivable for the Respondent to be unaware of the existence of the Complainant when he registered the disputed domain names. The fact that the Respondent registered the disputed domain names while knowing about the trademarks of the Complainant constitutes bad faith in registering the disputed domain names. The Complainant claims that by using the disputed domain names, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to their website or other online location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation or endorsement of their website or location or of a product or service on their website or location.<\/p>\n The Complainant also points out that the disputed domain names are currently parked, with PPC links to mostly women’s clothing. Whilst not the Complainant’s core business, the Complainant offered clothing through its merchandise line and therefore, the disputed domain names are being used with the sole purpose of creating an association with the Complainant, which is further highlighted by these links, and profiting from this association.<\/p>\n Accordingly, the Complainant alleges that the disputed domain names were registered and are being used in bad faith.<\/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 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 name 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>",
"decision": "Accepted",
"panelists": [
"Mrs Selma Ünlü"
],
"date_of_panel_decision": "2024-03-27 00:00:00",
"informal_english_translation": " The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the trademarks bearing “MARSHALL”, inter alia<\/em>, the following:<\/p>\n Moreover, the Complainant is also the owner of the domain names bearing the sign “MARSHALL” such as the domain names <marshall.com> (registered on June 24, 1994) and <marshallheadphones.com> (registered on December 16, 2009).<\/p>",
"decision_domains": {
"marshallshops.xyz": "TRANSFERRED",
"marshallshops.site": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}\n
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