FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant was founded in 1993 and is active in the tools and storage industry. The Complainant’s main products include hand tools and related storage products, power tools, laser measurement, and power stations, which are used in various fields such as home maintenance, construction, or vehicle maintenance. The Complainant claims to be the leading manufacturer of such products in Asia and among the top six worldwide.<\/p>\n
“WORKPRO” is one of Complainant's major private tool brands, which was created in 2009 and is marketed primarily (and well known) in the United States and Canada, with manufacturing, sales and service partners in 21 locations around the world.<\/p>\n
The disputed domain name resolves to a website advertising the sale of various hand tools, power tools, and related storage solutions. The product name “WORKPRO” is used numerous times on the website.<\/p>\n
The Complainant contends that the Respondent is neither affiliated with nor authorized by the Complainant in any way. The Complainant also contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s “WORKPRO” trademark, or to apply for registration 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": "
The Complainant 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": [ "Dr. Thomas Schafft" ], "date_of_panel_decision": "2024-06-24 00:00:00", "informal_english_translation": "
The Complainant owns the EU trademark registration n. 018494851 “WORKPRO” (figurative), registered on October 15, 2021, for numerous goods in classes 6, 7, 8, 9, 11, 12, 17, 18, 20, 21.<\/p>\n
The disputed domain name was registered on November 9, 2023, i.e., the Complainant’s trademark registration cited above predates the registration of the disputed domain name.<\/p>", "decision_domains": { "workproportugal.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }