{ "case_number": "CAC-UDRP-106623", "time_of_filling": "2024-06-25 10:59:42", "domain_names": [ "mouaustralia.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Mou Limited" ], "complainant_representative": "Convey srl", "respondent": [ "laura drescher" ], "respondent_representative": null, "factual_background": "

The Complainant was founded in London in 2002 and is an internationally recognized brand for premium, handcrafted shoes and accessories in luxurious natural fibres. The Complainant's products are sold online and via selected boutiques and department stores worldwide, also being promoted by famous celebrities. The trademark MOU is pronounced “mu” and means soft to the touch in French.<\/p>\n

The Complainant owns and operates various websites using domain names such as <mou.com> (registered on 22 May 1998) and <mou-online.com> (registered on 26 January 2006).<\/p>\n

The disputed domain name was registered by the Respondent on 28 November 2022. The disputed domain name resolves to a website offering for sale what appear to be counterfeit products bearing the Complainant's MOU trademark.<\/p>\n

The Complainant sent cease and desist letters to the Respondent on 3 June 2024 and 10 June 2024, but received no response.<\/p>\n

The Registrar confirmed that the Respondent is the current registrant of the disputed domain name, and that the language of the registration agreement is English.<\/span><\/p>\n

The Respondent has not filed a Response.<\/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": "

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>\n

The Complainant made the following contentions:<\/p>\n

The disputed domain name is confusingly similar to the Complainant's MOU trademark, as it incorporates the mark in its entirety with the addition of the geographical term \"australia\" and the generic Top-Level Domain .com.<\/p>\n

The Respondent has no rights or legitimate interests in the disputed domain name. The Respondent is not a licensee or authorized agent of the Complainant, is not commonly known by the domain name, and has not used the domain name in connection with a bona fide offering of goods or services.<\/p>\n

The disputed domain name was registered and is being used in bad faith. The Respondent had knowledge of the Complainant's trademark at the time of registration. The domain name is being used to sell counterfeit products, intentionally attempting to attract Internet users for commercial gain by creating a likelihood of confusion with the Complainant's mark. The Respondent also provided inaccurate details when registering the disputed domain name and failed to respond to the Complainant's cease and desist letters. <\/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": [ "Vojtěch Chloupek" ], "date_of_panel_decision": "2024-07-28 00:00:00", "informal_english_translation": "

The Complainant submitted evidence that it is the registered owner of the following trademark registrations:<\/p>\n