FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant submits that it is a leading independent player in the field of temporary work and human resources. The Complainant states that it is the 4th European player in temporary work, that it has a presence in 17 countries and that its group's turnover amounted to 4,1 billion euros in 2023.<\/p>\n
The Complainant underlines that it is the owner of several trademarks which contain the word \"PROMAN\".<\/p>\n
The Complainant adds that it is also the owner a number of domain names that contain the distinctive word \"PROMAN\", including the domain name <PROMAN-INTERIM.COM>.<\/p>\n
The Complainant states that the disputed domain name is confusingly similar to its trademark \"PROMAN\".<\/p>\n
The Complainant submits that the addition of the generic word \"INTERIM\" is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark \"PROMAN\".<\/p>\n
The Complainant claims that even with the addition of the top-level domain \".PRO\" the disputed domain name gives an overall impression of connection with the Complainant's trademarks.<\/p>\n
The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name.<\/p>\n
The Complainant states that the Respondent is not related with the Complainant in any way.<\/p>\n
The Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way.<\/p>\n
The Complainant declares that it does not carry out any activity for, nor has any business with the Respondent.<\/p>\n
The Complainant submits that neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark \"PROMAN\", or to apply for registration of the disputed domain name.<\/p>\n
The Complainant adds that the disputed domain name resolves to a website offering interim services which compete with the Complainant’s services.<\/p>\n
The Complainant considers that the Respondent has registered the disputed domain name many years after the Complainant had established a strong reputation and goodwill in its mark. The Complainant underlines that the addition of the term “INTERIM” refers to the Complainant’s activities. <\/p>\n
The Complainant points out that when entering the wording “PROMAN INTERIM” on a widely used search engine, most of the results relate to the Complainant. <\/p>\n
The Complainant argues that given the distinctiveness of the Complainant's trademark and its reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark.<\/p>\n
The Complainant contends that the Respondent uses the disputed domain name to divert Internet users searching for the Complainant’s website to the Respondent’s competing website, and to create a likelihood of confusion with the Complainant’s mark for the Respondent’s commercial gain by offering competing services. <\/p>\n
The Complainant adds that the disputed domain name has been set up with MX records, and this fact suggests that the disputed domain name may be actively used for e-mail purposes. The Complainant considers that any e-mail emanating from the disputed domain name could not be used for any good faith purpose.<\/p>\n<\/div>", "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 Complainant, relying on the arguments summarised above, contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.
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).<\/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 name (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 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": "Accepted", "panelists": [ "Michele Antonini" ], "date_of_panel_decision": "2024-05-26 00:00:00", "informal_english_translation": "
The Complainant is the registrant, among others, of the following trademarks:<\/p>\n
- International trademark registration No. 1635272, \"PROMAN\", registered on August 24, 2021, for goods and services in classes 35 and 41;<\/p>\n
- EU trademark registration No. 018501035, \"PROMAN\", registered on October 13, 2021, for goods and services in classes 9, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45;<\/p>\n
- EU trademark registration No. 018537424, \"PROMAN\", registered on January 28, 2022, for goods and services in classes 35 and 41.<\/p>\n<\/div>", "decision_domains": { "proman-interim.pro": "TRANSFERRED" }, "panelist": null, "panellists_text": null }