{
    "case_number": "CAC-UDRP-106825",
    "time_of_filling": "2024-09-03 09:09:21",
    "domain_names": [
        "instantpotkingdom.shop",
        "instantpotmaster.shop"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "IB Appliances US Holdings, LLC"
    ],
    "complainant_representative": "Stobbs IP (Stobbs IP)",
    "respondent": [
        "Richard Bergeron",
        "TU bu"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant has used the trademark INSTANT POT in relation to its multicooker products since 2008. Whilst it has provided limited corroborative evidence of its use of the mark, it has asserted, and the Respondents have not contested, that;<\/p>\n<ul>\n<li>On a single day in 2016 it sold 215,000 multicooker units branded INSTANT POT through an Amazon Prime sale;<\/li>\n<li>Its INSTANTPOT Facebook page has over 805,000 followers;<\/li>\n<li>Its INSTANTPOT Instagram page has over 524,000 followers;<\/li>\n<li>Its INSTANTPOT Twitter page has over 23,000 followers;<\/li>\n<li>It owns the domain name &lt;instantpot.com&gt; and has used that domain name for its main operating website since at least 2009.<\/li>\n<\/ul>\n<p>Further, the Complainant asserts, and the Respondent does not contest, that it is the owner of numerous trade marks around the world containing or consisting of the words INSTANT POT. This includes the above mentioned registration.<\/p>\n<p>Turning to the Respondents, whilst the disputed domain names are registered with different registrant names, they use the same nameservers and webhosting provider. Further, both disputed domain names direct to websites that use very similar distinctive logos and layout and both were registered recently on 6 August 2024 and 7 August 2024. The Complainant has therefore asserted, and the Respondents have not contested, that the disputed domain names are both subject to common control and it has requested that the Panel consolidate the disputes in relation to both of the disputed domain names.<\/p>\n<p>The said websites to which the disputed domain names direct both promote and offer for sale multicooker products that carry the Complainant's INSTANT POT branding. The Complainant asserts, and the Respondent does not contest, that these are counterfeit goods and hence not genuine products produced by the Complainant.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n<p><br \/>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Andrew Sykes"
    ],
    "date_of_panel_decision": "2024-10-01 00:00:00",
    "informal_english_translation": "<p>AU TM Registration No. 1755921 INSTANT POT registered from 1 March 2016 for various cooking apparatus in class 11.<\/p>",
    "decision_domains": {
        "instantpotkingdom.shop": "TRANSFERRED",
        "instantpotmaster.shop": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}