Under the trademark NOTINO, the Complainant runs e-shops with cosmetics, perfumes, and other related goods in almost all the European Union and also in other countries. It owns a number of European Union trademark registrations for the NOTINO trademark. The Complainant owns a number of related domain names such as <notino.cz>, <notino.sk>, <notino.pl>, <notino.it>, <notino.dk>, and <notino.ro>. The notion-ro.com domain name was registered on December 20, 2023 and resolves to an inactive page using a computer web browser but, on a mobile phone browser, resolves to a page displaying the NOTINO mark and offering perfumes and cosmetics for sale.<\/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:<\/span><\/p>\n The notion-ro.com domain name is confusingly similar to the NOTINO trademark.<\/span><\/p>\n <\/span><\/p>\n The Respondent has no rights or legitimate interests in the disputed domain name where it is operating the same line of business as the Complainant and offering the same categories of products.<\/span><\/p>\n <\/span><\/p>\n The disputed domain name was registered and is used in bad faith where the Respondent uses it to confuse users by operating a website that displays the NOTINO trademark and offers perfumes and cosmetics for sale in competition with the Complainant.<\/span><\/p>\n <\/span><\/p>\n RESPONDENT:<\/span><\/p>\n <\/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": [
"Steven Levy"
],
"date_of_panel_decision": "2024-08-12 00:00:00",
"informal_english_translation": " The Complainant owns a number of Trademark Registrations for the mark NOTINO including the following:<\/span><\/p>\n <\/span><\/p>\n - European Union Trademark no. 015221815 for NOTINO, registered on June 28, 2016, in international classes 16, 35, 38, and 39;<\/span><\/p>\n <\/span><\/p>\n - European Union Trademark no. 017471574 for NOTINO, registered on March 9, 2018, in international classes 35 and 41;<\/span><\/p>\n <\/span><\/p>\n - European Union Trademark no. 018537465 for NOTINO, registered on December 11, 2021 in international classes 3, 10, and 21.<\/p>",
"decision_domains": {
"notino-ro.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}