{ "case_number": "CAC-UDRP-106584", "time_of_filling": "2024-06-06 13:38:00", "domain_names": [ "notino-parfum.shop" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "NOTINO EUROPE LTD" ], "complainant_representative": null, "respondent": [ "Chris Lessly" ], "respondent_representative": null, "factual_background": "
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The Complainant, a company from Cyprus, is the sole shareholder of the Czech company Notino, s.r.o, and the holder of the domain name  <notino.cz> and of other variations, such as <notino.sk>, <notino.it>, <notino.ro> etc., on which e-shops are run with cosmetics, perfumes, and other related goods in almost all the European Union territory and, also outside the European Union. The network of Notino e-shops achieved in the financial year 2022 a turnover of over 1 billion EUR and is considered as one of the biggest e-commerce beauty resellers in Europe.<\/p>\n<\/div>\n

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The Complainant owns several NOTINO trademarks, among which, a few were cited above.<\/o:p><\/span><\/p>\n<\/div>\n

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The disputed domain name <notino-parfum.shop> was registered on 1 December 2023 and resolved at the time when the Complaint was filed to a website that did not work when accessed via a computer, while if accessed via a mobile phone, it redirected to a fraudulent Notino website.<\/o:p><\/span><\/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 contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n

The Complainant's contentions are the following:

The disputed domain name <notino-parfum.shop> is confusingly similar to the Complainant's earlier trademark <\/span>NOTINO, that the Respondent lacks rights or legitimate interests in the disputed domain name for a number of reasons and that the disputed domain name was registered and is being used in bad faith. <\/span><\/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).<\/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": [ "Delia-Mihaela Belciu" ], "date_of_panel_decision": "2024-07-14 00:00:00", "informal_english_translation": "

The Complainant bases its Complaint on several NOTINO trademarks, among which: <\/span><\/p>\n

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  • European Union trademark “NOTINO”, no. 015221815<\/span>, registered on 28 June 2016, for goods and services in classes 16, 35, 38, 39;<\/li>\n
  • European Union trademark “NOTINO”, no. 017471574, registered on 9 March 2018, for services in classes 35, 41;<\/span><\/li>\n
  • European Union trademark “NOTINO”, no. 018537465, registered on 11 December 2021, for goods in classes 3, 10, 21.<\/span><\/li>\n<\/ul>", "decision_domains": { "notino-parfum.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }