The Complainant is a Swedish company that produces, markets, and sells vitamin and mineral-enriched drinks under the VITAMIN WELL brand. Launched in 2008, VITAMIN WELL drinks are available at various locations including grocery stores, petrol stations, kiosks, pharmacies, cafes, gyms, sports facilities, and golf courses. The Complainant is part of the Vitamin Well Group, which, along with several other brands, has products in over 40 markets and offices in 10 countries across Europe, the United States, and the Asia-Pacific region.<\/p>\n
The disputed domain name was registered on September 15, 2023.<\/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": "
COMPLAINANT:<\/p>\n
i) The Complainant holds rights to the VITAMIN WELL trademark as outlined in the \"Identification of Rights\" section. The disputed domain name is confusingly similar to the Complainant's VITAMIN WELL mark because it incorporates the mark, with the only difference being the substitution of the second 'i' with the visually similar 'l'. <\/p>\n
ii) The Respondent has no rights or legitimate interests in the disputed domain name. The Respondent neither holds trademark rights for, nor is known by, 'vitamlnwell' or any similar term. The Respondent is not connected or affiliated with the Complainant and has not received any license or consent to use the VITAMIN WELL mark in any manner. Additionally, the Respondent does not use the disputed domain name for any bona fide<\/em> offering of goods or services or for any legitimate noncommercial or fair use. Instead, the disputed domain name simply resolves to a parking page of the Registrar.<\/p>\n iii) The Respondent has registered and is using the disputed domain name in bad faith. Even the simplest due diligence would have made the registrant aware of the Complainant’s rights in the well-established VITAMIN WELL brand. The Respondent's misspelling of the Complainant's official domain name <vitaminwell.com> is further evidence of the Respondent’s prior awareness and intentional targeting of the Complainant. The Respondent failed to respond to the Complainant’s cease-and-desist letter. The Respondent’s failure to actively use the disputed domain name (e.g<\/em>., by merely parking it) does not prevent a finding of bad faith use under the passive holding doctrine. <\/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 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": [
"Mr. Ho-Hyun Nahm Esq."
],
"date_of_panel_decision": "2024-07-15 00:00:00",
"informal_english_translation": " The Complainant holds multiple trademarks for VITAMIN WELL, covering many jurisdictions worldwide. The Complainant owns the following trademark registrations for the mark \"VITAMIN WELL,\" among others:<\/p>\n\n