The Complainant is a company specializing in payment and ticketing systems for car parks and public transport. Its headquarters are in France and it operates internationally. <\/p>\n
The disputed domain name was registered on September 01, 2024 and it currently resolves to a parking page.<\/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<\/strong><\/p>\n The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. In particular, the Complainant argues that the disputed domain name is confusingly similar to its FLOWBIRD trademark as this trademark is contained in its entirety within the disputed domain name. Further, the Complainant contends that the addition of letters “GRP” is not sufficient to avoid the likelihood of confusion and that \".com\" TLD is viewed as a standard registration requirement and as such is disregarded.<\/p>\n Regarding the second UDRP element, the Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark, or apply for registration of the disputed domain name by the Complainant. The Respondent is also not commonly known by the disputed domain name.<\/p>\n With respect to the third UDRP element, the Complainant holds that the fact that the Respondent has registered a domain name that is confusingly similar to its FLOWBIRD trademark indicates that the Respondent registered the disputed domain name with full knowledge of the Complainant’s trademark. Additionally, the Complainant indicates that a Google search on the expression “flowbird grp” displays results related to the Complainant. The disputed domain name resolves to a parking page and the Complainant holds that a failure to make active use of a disputed domain name is evidence of bad faith under Policy. Furthermore, The Complainant contends that the domain name was used intentionally in order to attempt to attract Internet users to a respondent’s website or online location by creating a likelihood of confusion or a false association with a complainant’s mark as to the source, sponsorship, affiliation or endorsement of the registrant’s website or online location demonstrates registration and use in bad faith.<\/p>\n The Respondent<\/strong><\/strong><\/p>\n 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 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 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": [
"Stefan Bojovic"
],
"date_of_panel_decision": "2024-11-12 00:00:00",
"informal_english_translation": " The Complainant has demonstrated ownership of rights in the trademark FLOWBIRD for the purposes of standing to file a UDRP Complaint.<\/span><\/p>\n In particular, the Complainant is the owner of trademark registrations for FLOWBIRD, including the following: <\/span><\/p>\n - French trademark registration No. 4425718 for FLOWBIRD, registered on February 05, 2018;<\/span><\/p>\n - French trademark registration No. 4449643 for FLOWBIRD (word\/device), registered on April 27, 2018; and<\/span><\/p>\n - International trademark registration No. 1454019 for FLOWBIRD<\/span>, registered on July 13, 2018. <\/span><\/p>\n The Complainant also refers to ownership over the following domain names that incorporate its FLOWBIRD<\/span> trademark: <flowbird.group>, registered on February 27, 2018 and <flowbird.fr>, registered on 27, 2018.<\/p>",
"decision_domains": {
"flowbirdgrp.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}