{ "case_number": "CAC-UDRP-106754", "time_of_filling": "2024-08-13 09:15:42", "domain_names": [ "notinok.shop" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "NOTINO EUROPE LTD" ], "complainant_representative": null, "respondent": [ "rf fw" ], "respondent_representative": null, "factual_background": "", "other_legal_proceedings": "

The Complainant filed an UDRP complaint against the Respondent regarding the same disputed domain name in a case decided on July 22, 2024 (the “Prior Case<\/em>”). The complaint in the Prior Case was rejected (CAC-UDRP-106622<\/em><\/a>) as the Complainant has not submitted the relevant evidence of its trademarks rights and failed to show that the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights.<\/p>", "no_response_filed": "

The Complainant claims it is the sole shareholder of the company Notino, s.r.o., Czech Republic, that is the holder of the domain names <notino.cz>, <notino.sk>, <notino.pl>, <notino.it>, <notino.dk>, <notino.ro> etc.) with the e-shops with cosmetics, perfumes, and other related goods in almost all the European Union and also outside the EU. <\/p>\n

The disputed domain name is identical or confusingly similar to the domain names notino.cz and other variations, to the company name Notino as well as to the NOTINO trademarks. The obvious interchangeability is audio and visual and is even supported by the fact that on there are e-shops offering cosmetics, perfumes and other related goods to customers. <\/p>\n

The Complainant claims there is no known title of the Respondent to use the name in the disputed domain name and the Respondent is therefore not entitled to use the disputed domain name and should stop using it in order to stop violating the rights of the Complainant and its applicant and its subsidiary.<\/p>\n

The Compliant further claims that the Respondent is in bad faith when running the same business activities as Complainant’s subsidiary, i.e. offering cosmetics, perfumes and other related goods, on identical or confusingly similar domain names. The Respondent obviously intends for commercial gain to misleadingly divert consumers and to tarnish the NOTINO trademarks.<\/p>\n

The Complainant finally claims there is a lack of good faith of the Respondent since there are e-shops running on the disputed domain name with the same categories of products as the Complainant’s subsidiary offer and which are protected by the NOTINO trademarks.

<\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>", "rights": "

N\/A<\/p>", "no_rights_or_legitimate_interests": "

N\/A<\/p>", "bad_faith": "

N\/A<\/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": "Rejected", "panelists": [ "Petr Hostaš" ], "date_of_panel_decision": "2024-09-09 00:00:00", "informal_english_translation": "

The Complainant claims in its complainant from August 12, 2024, it is the owner of following European trademarks containing term “NOTINO”:<\/div>\n
    \n
  • NOTINO, No. 015221815, verbal;<\/li>\n
  • NOTINO TODAY IS YOURS, No. 015944127, figurative;<\/li>\n
  • NOTINO TRY&BUY, No. 016743965, figurative;<\/li>\n
  • NOTINO TRY&BUY, No. 016804049, figurative;<\/li>\n
  • NOTINO, No. 017471574, verbal;<\/li>\n
  • NOTINO, No. 018071749, figurative;<\/li>\n
  • Notino, No. 018537465, verbal;<\/li>\n
  • NOTINO, No. 018537464, figurative;<\/li>\n<\/ul>\n
    The disputed domain name <notinok.shop> was registered on December 17, 2023.<\/div>", "decision_domains": { "notinok.shop": "REJECTED" }, "panelist": null, "panellists_text": null }