{
    "case_number": "CAC-UDRP-106634",
    "time_of_filling": "2024-06-24 11:26:58",
    "domain_names": [
        "notinoutlet.shop"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "NOTINO EUROPE LTD"
    ],
    "complainant_representative": null,
    "respondent": [
        "Colin Derby"
    ],
    "respondent_representative": null,
    "factual_background": "<p><strong>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/strong><\/p>\n<p>The Complainant claims to be the sole shareholder of the Czech company Notino, s.r.o. which runs online shops for cosmetics, perfumes, and related goods in several European Union countries and outside the EU. The Complainant states that its brand and e-shops are well established within the EU. The network of the Notino online shops achieved a turnover of more than 1 billion Euros in 2022 and is considered the biggest pure e-commerce beauty reseller in Europe.<\/p>\n<p>The Complainant claims is the owner of several trademarks comprising the term &ldquo;NOTINO&rdquo;. The Complainant submitted evidence that it is the owner of the EU-trademarks that are listed above and that are referred to in this decision as the &ldquo;Trademarks&rdquo;.<\/p>\n<p>The Complainant also states that its subsidiary Notino, s.r.o. is the owner of multiple domain names which include the word &ldquo;NOTINO&rdquo;, including the domain names &lt;notino.cz&gt;, &lt;notino.sk&gt;, &lt;notino.pl&gt;, &lt;notino.it&gt;, &lt;notino.dk&gt;, and &lt;notino.ro&gt;. The Complainant did not submit evidence that its subsidiary is indeed the owner of such domain names.<\/p>\n<p>The disputed domain name &lt;notinoutlet.shop&gt; was registered on November 25, 2023.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. <br \/>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Bart Van Besien"
    ],
    "date_of_panel_decision": "2024-07-18 00:00:00",
    "informal_english_translation": "<p>The Complainant submitted evidence that it is the owner of the following trademarks (all European Union Trademarks):<\/p>\n<ul>\n<li>NOTINO (word mark), registration number 015221815, registered on 18 June 2016 in Nice classes 16, 35, 38, and 39;<\/li>\n<li>NOTINO TODAY IS YOURS (figurative mark), registration number 015944127, registered on 27 January 2017 in Nice classes 16, 35, 38, and 39;<\/li>\n<li>NOTINO TRY&amp;BUY (word mark), registration number 016743965, registered on 18 September 2017 in Nice classes 3, 16, and 35;<\/li>\n<li>NOTINO TRY&amp;BUY (figurative mark), registration number 016804049, registered on 3 October 2017 in Nice classes 3, 16, and 35;<\/li>\n<li>NOTINO (word mark), registration number 017471574, registered on 9 March 2018 in Nice classes 35 and 41;<\/li>\n<li>NOTINO (figurative mark), registration number 018071749, registered on 11 September 2019 in Nice classes 38, 39, 41, 3, 16, and 35;<\/li>\n<li>Notino (word mark), registration number 018537465, registered on 11 December 2021 in Nice classes 3, 10, and 21;<\/li>\n<li>NOTINO (figurative mark), registration number 018537464, registered on 11 December 2021 in Nice classes 3, 10, and 21.<\/li>\n<\/ul>\n<p>These EU-trademarks are hereafter referred to as the &ldquo;<strong>Trademarks<\/strong>&rdquo;.<\/p>",
    "decision_domains": {
        "notinoutlet.shop": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}