DASHING JOYS LIMITED, the first Complainant, was established in 2023. Imiracle (Shenzhen) Technology Co., Ltd., the second Complainant, was established in 2017. Due to the adjustment of the company’s business strategy, the first Complainant is now taking over the main business and trademark rights. The first Complainant and the second Complainant will jointly be referred to as \"the Complainants\".<\/p>\n
Launched in 2022, LOST MARY is the sister brand of the famous disposable e-cigarette brand ELF BAR, which is designed and produced by the original ELF BAR team. The LOST MARY range consists of disposable vapes that, despite only being launched in 2022, have become one of the most popular brands on the market. LOST MARY offers a wide range of flavors based on smokers' preferences and is constantly updating its products based on market feedback. LOST MARY has performed strongly in the disposable e-cigarette market by utilizing readily available e-cigarette distribution channels. As of today, LOST MARY has a commercial presence in more than 50 markets around the world, serving more than 10 million users and more than 100,000 retail stores worldwide.<\/p>\n
The UK is the second largest consumer market for e-cigarettes in the world, and LOST MARY is one of the top-selling e-cigarette brands in the UK. The Lost Mary BM600 disposable vapes range was launched in the UK in April 2022 and was one of the very first 'box-style' disposables to enter the market. Upon launch, the BM600 quickly became popular with existing ELF BAR users and e-cigarette users who were new to the brand. Following its launch, LOST MARY added to the range by releasing a more traditional pen-style disposable range as well as a modern looking and slightly wider proportioned QM600 vape device range. As of the end of 2023, according to data from Nielsen IQ, ELFBAR and LOST MARY e-cigarette sales account for over half of the disposable e-cigarette market in the UK. Both of these brands are owned by the Complainants. According to TIKTOK data, the three official videos on the official LOST MARY UK account have accumulated over 240,000 views and has millions of views on YouTube. The data provided by similarweb shows that the official website of the LOST MARY brand had about 94,600 visits in November 2023, with visitors coming from the United States, the United Kingdom, France, China, etc. <\/p>\n
The Complainants allege that LOST MARY products are currently available for sale on a number of online e-cigarette retail platforms in the UK. In the United States, the Complainants currently have a large number of offline shops, the addresses of which can be found on the Complainant's official website.<\/p>\n
Based on the above, it can be seen that the LOST MARY brand has a high level of popularity and influence as the core trademark of the Complainants, LOST MARY, has gained high distinctiveness through extensive publicity and use. When searching LOST MARY on Google, all of the results point to the Complainant. <\/p>\n
The LOST MARY trademarks were registered prior to the disputed domain name. <\/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 names.<\/p>", "no_response_filed": "
The Complainants contend that the requirements of the Policy have been met and that the disputed domain names should be transferred.
No administratively compliant Response has been filed.<\/p>",
"rights": "
The Complainants have, to the satisfaction of the Panel, shown the disputed domain names are 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 Complainants have, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain names (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "
The Complainants have, to the satisfaction of the Panel, shown the disputed domain names have 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": [ "Udo Pfleghar B.A. (Melb.)" ], "date_of_panel_decision": "2024-08-21 00:00:00", "informal_english_translation": "
The first Complainant is the owner of the following trade marks, which were registered long before the registration of the disputed domain names:<\/p>\n
International Registration Trade Mark No. 1616521A for LOST MARY, registered on 4 August 2021, designating goods and services in the International Class 34.<\/p>\n
European Union Trade Mark No. 018937635 for LOST MARY, registered on 16 October 2023, designating goods and services in international classes 10, 32. <\/p>\n
United Kingdom Trade Mark No. <\/span>UK00003967951<\/span> <\/span>for LOST MARY, registered on 16 October 2023, designating goods and services in international classes 10, 32. <\/p>", "decision_domains": { "lostmarycanada.com": "TRANSFERRED", "lostmaryargentina.com": "TRANSFERRED", "lostmaryaustralia.com": "TRANSFERRED", "lostmaryaustria.com": "TRANSFERRED", "lostmarybelgique.com": "TRANSFERRED", "lostmarybulgaria.com": "TRANSFERRED", "lostmarycolombia.com": "TRANSFERRED", "lostmarycyprus.com": "TRANSFERRED", "lostmarycz.com": "TRANSFERRED", "lostmarydanmark.com": "TRANSFERRED", "lostmarydeutschland.com": "TRANSFERRED", "lostmaryfrance.com": "TRANSFERRED", "lostmarygeorgia.com": "TRANSFERRED", "lostmarygreece.com": "TRANSFERRED", "lostmaryhrvatska.com": "TRANSFERRED", "lostmaryireland.com": "TRANSFERRED", "lostmaryisrael.com": "TRANSFERRED", "lostmaryjapan.com": "TRANSFERRED", "lostmarykuwait.com": "TRANSFERRED", "lostmarynederland.com": "TRANSFERRED", "lostmaryhungary.com": "TRANSFERRED", "lostmarylatvija.com": "TRANSFERRED", "lostmarylietuva.com": "TRANSFERRED", "lostmarymexico.com": "TRANSFERRED", "lostmarynorge.com": "TRANSFERRED", "lostmarynz.com": "TRANSFERRED", "lostmaryperu.com": "TRANSFERRED", "lostmarypolska.com": "TRANSFERRED", "lostmaryportugal.com": "TRANSFERRED", "lostmaryromania.com": "TRANSFERRED", "lostmaryrussia.com": "TRANSFERRED", "lostmaryschweiz.com": "TRANSFERRED", "lostmarysuisse.com": "TRANSFERRED", "lostmaryslovenija.com": "TRANSFERRED", "lostmaryslovensko.com": "TRANSFERRED", "lostmarysouthafrica.com": "TRANSFERRED", "lostmarysrbija.com": "TRANSFERRED", "lostmaryspain.com": "TRANSFERRED", "lostmarysuomi.com": "TRANSFERRED", "lostmarysverige.com": "TRANSFERRED", "lostmaryuae.com": "TRANSFERRED", "lostmaryuruguay.com": "TRANSFERRED", "lostmaryitalia.com": "TRANSFERRED", "lostmarychile.com": "TRANSFERRED", "lostmaryeesti.com": "TRANSFERRED", "lostmarybrasil.net": "TRANSFERRED", "lostmaryuk.net": "TRANSFERRED", "lostmarybelgie.com": "TRANSFERRED", "lostmaryturkey.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }