It results from the Complainant’s undisputed allegations that it is an Italian sport equipment manufacturer active in the sector of footwear and winter sports equipment with the brands Blizzard, Lowa, Nordica, Rollerblade, Tecnica and Moon Boot. MOON BOOT is a snow boot brand first created as après-ski wear in the early 1970s by the Complainant and since then the boots have sold 25 million of pairs circa.<\/p>\n
The Complainant further contends its trademark MOON BOOT to be distinctive and well-known.<\/p>\n
Furthermore, the Complainant use, amongst others, the domain name < moonboot.com > (registered on March 2, 2011) to connect to its official website for advertising and commercializing its products.<\/p>\n
The disputed domain names were all registered on March 17, 2023 except the disputed domain name < moonbootparis.net >, which has been registered on July 27, 2023. Furthermore, the undisputed evidence provided by the Complainant proves that the disputed domain names resolve to websites purportedly offering for sale products under the Complainant’s MOON BOOT trademarks, displaying without authorization the Complainant’s trademark and logo and images from the Complainant’s website.<\/p>\n
Finally, the Complainant sent a cease-and-desist letter to the Respondent on July 9, 2024. The Respondent did not reply to it<\/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 Complainant contends that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/p>\n
No administratively compliant Response has been filed.<\/p>", "rights": "
The Complainant has, 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 Complainant has, 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 Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and are 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>\n
According to the information provided by the Registrars upon the Request for Registrar Verification sent by Online ADR Center of the Czech Arbitration Court, the disputed domain names are registered by different Registrants (Respondents): (i.e.<\/p>\n
Aaron Bradley (Spain) is the Registrant of <moonbootargentina.com>;<\/p>\n
zhang qiang (China) is the Registrant of <moonbootaustralia.net>, <moonbootbelgie.net>, <moonbootbelgique.com>, <moonbootbulgaria.com>, <moonbootcanadasale.com>, <moonbootdanmark.net>, <moonbootisrael.net>, <moonbootjapan.net>, <moonbootkuwait.com>, <moonbootnederland.net>, <moonbootnorge.net>, <moonbootparis.net>, <moonbootsouthafrica.net>, <moonbootsuomi.net>, <moonbootukstore.com>; <\/p>\n
Jacob Kelly (Spain) is the Registrant of <moonbootbrasil.com>; <\/p>\n
Bailey Rees (Spain) is the Registrant of <moonbooteesti.com>; <\/p>\n
Emma Hicks (Spain) is the registrant of <moonbootlatvia.com>; <\/p>\n
Ahmed Lewis (Spain) is the Registrant of <moonbootlietuva.com>; <\/p>\n
Charlotte Lyons (Spain) is the Registrant of <moonbootportugal.net>;<\/p>\n
Brady Bailey is the Registrant of <moonbootrebajas.com>; <\/p>\n
Eloise Tomlinson (Spain) is the Registrant of <moonbootromania.net>; <\/p>\n
Brooke Bonde (Spain) is the Registrant of < moonbootschile.net >; <\/p>\n
Morgan Storey is the Registrant of <moonbootscolombia.net>; <\/p>\n
Chelsea Russell (Spain) is the Registrant of <moonbootsgreece.net>;<\/p>\n
Yasmin Perkins (Spain) is the Registrant of <moonbootslovenija.net>;<\/p>\n
Jordan Miah (Spain) is the Registrant of <moonbootsperu.com>;<\/p>\n
Adam Douglas (Spain) is the Registrant of <moonbootsrbija.net>;<\/p>\n
Nathan Price (Spain) is the Registrant of <xn--moonbootespaa-tkb.com>;<\/p>\n
Morgan Mistry (Spain) is the Registrant of <xn--moonbootmagyarorszg-7ub.com>;<\/p>\n
Joel Ferguson (Spain) is the Registrant of <xn--moonboottrkiye-osb.com>;<\/p>\n
NEVENA Stajic (Serbia) is the Registrant of <moonbootsuisse.com>.)<\/p>\n
In its Amended Complaint the Complainant requests the Panel to consolidate the cases.<\/p>\n
Under Paragraph 10(e) of the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules) “A Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules”.<\/p>\n
In the Panel’s view the Complainant submitted sufficient evidence to justify the consolidation in terms of common control of the disputed domain names or corresponding websites and fairness and equitableness of the consolidation to all parties.<\/p>\n
As specified in WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Jurisprudential Overview 3.0”) at point 4.11.2 “Panels have considered a range of factors, typically present in some combination, as useful to determining whether such consolidation is appropriate, such as similarities in or relevant aspects of (i) the registrants’ identity(ies) including pseudonyms, (ii) the registrants’ contact information including email address(es), postal address(es), or phone number(s), including any pattern of irregularities, (iii) relevant IP addresses, name servers, or webhost(s), (iv) the content or layout of websites corresponding to the disputed domain names, (v) the nature of the marks at issue (e.g., where a registrant targets a specific sector), (vi) any naming patterns in the disputed domain names (e.g., <mark-country> or <mark-goods>), (vii) the relevant language\/scripts of the disputed domain names particularly where they are the same as the mark(s) at issue, (viii) any changes by the respondent relating to any of the above items following communications regarding the disputed domain name(s), (ix) any evidence of respondent affiliation with respect to the ability to control the disputed domain name(s), (x) any (prior) pattern of similar respondent behaviour, or (xi) other arguments made by the complainant and\/or disclosures by the respondent(s).<\/p>\n
The Panel considers the consolidation as appropriate, taking into consideration, in particular, the content of the websites corresponding to the disputed domain names. In particular, the content of the websites related to the “Login section” and “Contact us section” is identical for all the disputed domain names, but the disputed domain names < <moonbootbrasil.com>, <moonbootportugal.net>, <moonbootromania.net>, and <moonbootsrbija.net>). In addition, all the disputed domain names resolve to webshops allegedly advertising Complainant’s MOON BOOT products). In addition, all dispute domain names share the same Registrar (but < moonbootsuisse.com >). They have been created on the same day, but <moonbootparis.net>. Furthermore, there are similarities in the registrants’ contact information in particular in relation to the email addresses (but for Registrant zhang qiang). In addition, there are similarities in the naming patterns in the disputed domain names, e.g. all disputed domain names (but the disputed domain name < moonbootrebajas.com>) contain at least the Complainant’s trademark and a geographical term in its entirety or a misspelled geographic term (i.e. the disputed domain names <xn--moonbootespaa-tkb.com>, <xn--moonbootmagyarorszg-7ub.com>, <xn--moonboottrkiye-osb.com>).<\/p>\n
Thus, the content of the websites corresponding to the disputed domain names, the naming patterns in the disputed domain names and the registrants’ contact information (i.e. email address) give evidence of a common control of the domain names at issue. On the balance of probabilities and taking into account the above circumstances of the present case, the Panel finds that the disputed domain names are under common control. The Panel is also satisfied that consolidation of these disputes is fair and equitable to all parties, and that they should be consolidated in the interest of procedural efficiency (s. Pandora A\/S v. Larry Sack, Alice Ferri, marino blasi, Sirkin Mösening, Meghan Pier, Monica Lugo, Tom Farge<\/em>n, CAC Case No. 103259).<\/p>\n Furthermore, the Respondent has not contested or provided any rebuttal regarding the consolidation request made by the Complainant. Therefore, the Panel finds that consolidation would be fair and equitable.<\/p>",
"decision": "Accepted",
"panelists": [
"Dr. Federica Togo"
],
"date_of_panel_decision": "2024-09-05 00:00:00",
"informal_english_translation": " The Complainant is the registered owner of many trademarks for MOON BOOT, e.g. European Union trademark registration no. 000516880 MOON BOOT (word) registered on November 18, 1999 for goods in class 25.<\/p>",
"decision_domains": {
"moonbootargentina.com": "TRANSFERRED",
"moonbootaustralia.net": "TRANSFERRED",
"moonbootbelgie.net": "TRANSFERRED",
"moonbootbelgique.com": "TRANSFERRED",
"moonbootbulgaria.com": "TRANSFERRED",
"moonbootcanadasale.com": "TRANSFERRED",
"moonbootdanmark.net": "TRANSFERRED",
"moonbootisrael.net": "TRANSFERRED",
"moonbootjapan.net": "TRANSFERRED",
"moonbootkuwait.com": "TRANSFERRED",
"moonbootnederland.net": "TRANSFERRED",
"moonbootnorge.net": "TRANSFERRED",
"moonbootparis.net": "TRANSFERRED",
"moonbootsouthafrica.net": "TRANSFERRED",
"moonbootsuomi.net": "TRANSFERRED",
"moonbootukstore.com": "TRANSFERRED",
"moonbootbrasil.com": "TRANSFERRED",
"moonbooteesti.com": "TRANSFERRED",
"moonbootlatvia.com": "TRANSFERRED",
"moonbootlietuva.com": "TRANSFERRED",
"moonbootportugal.net": "TRANSFERRED",
"moonbootrebajas.com": "TRANSFERRED",
"moonbootromania.net": "TRANSFERRED",
"moonbootschile.net": "TRANSFERRED",
"moonbootscolombia.net": "TRANSFERRED",
"moonbootsgreece.net": "TRANSFERRED",
"moonbootslovenija.net": "TRANSFERRED",
"moonbootsperu.com": "TRANSFERRED",
"moonbootsrbija.net": "TRANSFERRED",
"xn--moonbootespaa-tkb.com": "TRANSFERRED",
"xn--moonbootmagyarorszg- 7ub.com": "TRANSFERRED",
"xn--moonboottrkiye-osb.com": "TRANSFERRED",
"moonbootsuisse.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}