The Complainant is a business within the Pentair Group of companies (“Pentair Group”). Founded in 1966, the Pentair Group is a leader in the provision of products and services for the water industry, composed of companies around the world, including Pentair Plc, Pentair Filtration Solutions LLC, Pentair Filtration, Inc, Pentair Inc, and the Complainant, among others. The official website of Pentair’s Group is found at www.pentair.com. Pentair Group works from approximately 135 locations in 26 countries and has more than 11,000 employees. Pentair Group’s 2022 net sales were approximately US$4.1 billion.<\/p>\n
The brand name PENTAIR was created by the company founders. In 1966, five founders intent on manufacturing high-altitude balloons founded a company in suburban St. Paul, Minnesota, which they called Pentair, the Greek “penta” for the five founders and “air” for the products they planned to produce. The original business diversified quickly, with new ventures in a number of different industries, before ultimately becoming a leader in water-related products and services.<\/p>\n
The disputed domain name <pentair.shop> was registered on 14 December 2023 and resolves to a commercial third-party website on which the disputed domain name is offered for sale to the general public for US$950.<\/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": "
The Complainant contends that all three elements of the UDRP have been fulfilled and it therefore requests the transfer of the disputed domain name to the Complainant. 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 trade mark 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": [ "Gregor Kleinknecht LLM MCIArb" ], "date_of_panel_decision": "2024-08-27 00:00:00", "informal_english_translation": "
The Complainant owns a portfolio of word and combined trade marks consisting of or incorporating the name PENTAIR, including the US national trade mark PENTAIR, registration number 257714, first registered on 28 May 2002 in international class 7; the US national trade mark PENTAIR, registration number 50003584, first registered on 1 July 2012 in international class 35; the US national trade mark PENTAIR, registration number 4348967, first registered on 20 April 2012 in international classes 7, 9, 11 and 20; the Chinese national trade mark PENTAIR, registration number 11517821, first registered on 21 August 2014 in international class 35; the Chinese national trade mark PENTAIR, registration number 3504734, first registered on 28 April 2006 in international class 21; the European Union trade mark PENTAIR, registration number 011008414, first registered on 23 January 2013 in international classes 6, 7, 9, 11 and 42; and the Swiss national trade mark PENTAIR, registration number 675144, first registered on 2 July 2015 in international classes 6, 7, 9, 11, 17, 35-37 and 40-42. The aforementioned trade mark registrations of the Complainant all predate the registration of the disputed domain name.<\/p>\n
Furthermore, Pentair Inc, an affiliated company of the Complainant, owns a portfolio of domain names consisting of the name PENTAIR, including the domain names <pentair.com>, registered on 17 October 1996; <pentair.net>, registered on 25 December 2003; and <pentair.org>, registered on 3 November 2010, which the Complainant and its affiliates use to connect to official websites through which they inform Internet users and potential customers about the PENTAIR mark, related brands, and products and services.<\/p>", "decision_domains": { "pentair.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }