The Complainant, manufactures and sells jewellery products, mostly via online and tele-shopping, across Europe. The Complainant’s tele shopping channel Juwelo TV, receivable via cable, satellite and internet, started operations in 2008, the Complainant’s online shop business followed shortly after.<\/p>\n
The Complainant is the owner of the European trademark JUWELO since at least 2011.<\/p>\n
The disputed domain name <JUWELO.NET> was registered on June 18, 2024, by the Respondent QINGRU WU based in China and, according to evidence submitted with the Complaint, redirects to a GoDaddy branded page stating that the disputed domain name is available for a buy it now price of USD 1.450,00 $ or a lease price of USD 99,69 $ per month.<\/p>\n
According to the Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the disputed domain name and is not related in any way to the Complainant’s business.<\/p>\n
The Registrar of the disputed domain name confirmed that the Respondent is the current Registrant, and that English is the language of the registration agreement.<\/p>\n
The facts asserted by the Complaint are not contested by the Respondent.<\/p>\n
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/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": "
COMPLAINANT:<\/p>\n
First element: Confusingly similar to the protected mark <\/strong><\/p>\n The Complainant states that the disputed domain name <JUWELO.NET> is identical to its trademark JUWELO.<\/p>\n Second element: Rights or legitimate interest<\/strong><\/p>\n The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/p>\n The Complainant asserts that there is no fair or non-commercial use in connection with the disputed domain name. Further, “JUWELO” is not an existing word but a term that was invented by the Complainant. The Complainant asserts that it has not licensed or otherwise permitted the Respondent to use the Complainant’s trademark JUWELO and there is no relationship between the Complainant and Respondent.<\/p>\n Third element: The disputed domain name has been registered and is being used in bad faith<\/strong><\/p>\n The Complainant asserts that the disputed domain name has been registered and is being used in bad faith.<\/p>\n The Complainant states that its trademark JUWELO is very popular and well-known, and so is the trade name Juwelo. According to the Complainant, a basic Google search of the term “JUWELO” yields obvious references to the Complainant which raises an inference of knowledge of the Complainant on the part of the Respondent. In light of the distinctiveness of the Complainant’s trademarks and reputation, the Complainant contends that it is reasonable to infer that the Respondent registered and used the disputed domain name with knowledge of the Complainant and its trademarks.<\/p>\n The Complainant asserts that there are circumstances indicating the Respondent registered the disputed domain name for the purpose of selling or otherwise transferring it to the Complainant or its competitor for valuable consideration in excess of out-of-pocket costs, because the disputed domain name is offered for sale for a buy it now price of USD $1,450.<\/p>\n Further, the Complainant claims that the lack of active use of the disputed domain name is evidence of bad faith, because it is not possible to conceive of any plausible active purpose thereof that would not be infringing on the Complainant’s rights.<\/p>\n For these reasons, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n RESPONDENT:<\/p>\n The Respondent did not reply to the Complaint.<\/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": [
"Claire Kowarsky"
],
"date_of_panel_decision": "2024-12-04 00:00:00",
"informal_english_translation": " The Complainant is the owner of the following registered trademarks:<\/p>\n Mark<\/p>\n<\/td>\n Territory<\/p>\n<\/td>\n Registration No.<\/p>\n<\/td>\n Application date<\/p>\n<\/td>\n Registration date<\/p>\n<\/td>\n Classes<\/p>\n<\/td>\n<\/tr>\n JUWELO (word)<\/p>\n<\/td>\n EM<\/p>\n<\/td>\n 009801739<\/p>\n<\/td>\n 10 March 2011<\/p>\n<\/td>\n 22 August 2011<\/p>\n<\/td>\n 14, 35, 38<\/p>\n<\/td>\n<\/tr>\n JUWELO (word)<\/p>\n<\/td>\n EM<\/p>\n<\/td>\n 018881296<\/p>\n<\/td>\n 03 May 2023<\/p>\n<\/td>\n 23 November 2023<\/p>\n<\/td>\n 9, 14, 35, 38, 41<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n In addition, the Complainant owns numerous domain names comprising of the term JUWELO such as its official websites <JUWELO.COM>, <JUWELO.FR>, <JUWELO.DE> and <JUWELO.IT>.<\/p>",
"decision_domains": {
"juwelo.net": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}\n\n
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