{ "case_number": "CAC-UDRP-107051", "time_of_filling": "2024-11-11 20:28:48", "domain_names": [ "uynbiomorph.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Marco Redini (Trerè Innovation S.r.l.)" ], "complainant_representative": "Avvocato Ivett Paulovics", "respondent": [ "Mesut Erdogan" ], "respondent_representative": null, "factual_background": "

A<\/strong>. Complainant<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Complainant is a distinguished Italian clothing manufacturer with a rich heritage surpassing 70 years. It is widely acknowledged for its innovation within the sports apparel sector. The UYN brand, launched in 2017, has rapidly garnered acclaim, particularly the UYN biomorph line designed for winter athletes.<\/p>\n

B<\/strong>. Respondent<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Respondent has failed to submit a Response in this UDRP administrative proceeding, resulting in the Complainant's allegations remaining uncontested.<\/p>", "other_legal_proceedings": "

 The Panel is unaware of any other pending or concluded legal proceedings concerning the domain name <uynbiomorph.com> ('the disputed domain name').<\/p>", "no_response_filed": "

A<\/strong>. Complainant<\/strong>'s Submissions<\/strong><\/p>\n

A<\/strong>.1 <\/strong>Identity or Confusing Similarity <\/strong><\/p>\n

The Complainant asserts that the disputed domain name is either identical or confusingly similar to its trade marks, specifically UYN and UYN biomorph. The disputed domain name directly incorporates the trade mark UYN biomorph. The addition of the term 'biomorph' does not sufficiently distinguish it from the Complainant's core trade mark.<\/p>\n

The test under the UDRP Policy requires a comparison between the trade mark and the domain name, where complete incorporation or the presence of dominant features typically leads to a finding of confusion (refer to paragraph 1.7 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition ('the WIPO Jurisprudential Overview 3.0'). Furthermore, the generic Top-Level Domain ('the TLD') suffix (<.com>) is a standard registration requirement and bears no weight in this determination, thereby heightening the risk of confusion (see paragraph 1.11 of the WIPO Jurisprudential Overview 3.0).<\/p>\n

A<\/strong>.2<\/strong> Respondent<\/strong>'s Lack of Rights or Legitimate Interests<\/strong><\/p>\n

In accordance with paragraph 4(a)(ii) of the UDRP Policy, the Complainant must establish a prima facie<\/em> case indicating that the Respondent lacks rights or legitimate interests in the disputed domain name. <\/p>\n

The registration date of the disputed domain name, coinciding with the Complainant's application for the EUTM for UYN biomorph on 8 March 2024, suggests a deliberate act rather than mere coincidence. The disputed domain name is thus identical or confusingly similar to the Complainant's trade marks; UDRP panels have consistently found that such conduct entails a high risk of implied affiliation and does not constitute fair use, even when the domain name features an additional term (refer to paragraph 2.5.1 of the WIPO Overview 3.0).<\/p>\n

The Respondent, identified as 'Mesut Erdogan', of Ankara, Türkiye, bears no affiliation to the Complainant, and there is a conspicuous absence of evidence supporting any rights or legitimate interests in the disputed domain name. The Respondent's solicitation of USD 2,850 for the disputed domain name indicates speculative intent, absent any bona fide<\/em> commercial use. It is therefore concluded that the Respondent possesses no rights or legitimate interests regarding the disputed domain name.  <\/p>\n

A<\/strong>.3 Registration and Use in Bad Faith<\/strong><\/p>\n

The Complainant further contends that the registration and use of the disputed domain name constitute to bad faith. The Complainant has held rights to the UYN trade mark since 2017 and submitted a trade mark application for UYN biomorph on the exact date the disputed domain name was registered, rendering it implausible that such timing was coincidental.  <\/p>\n

The Respondent's actions imply an awareness of the Complainant's established reputation, as indicated by the high asking price and the immediate attempt to sell the disputed domain name. While the trading of domain names for profit is not inherently indicate of bad faith, the specific circumstances in this instance suggest clear intent to exploit the Complainant's trade marks. The Complainant's request for transfer of the disputed domain name is therefore substantiated by evidence of bad faith under paragraph 4(b)(i) of the UDRP Policy, wherein the Respondent acquired the disputed domain name with the primary purpose of selling, renting, or otherwise transferring it to the Complainant or a Complainant's competitor for valuable consideration in excess of the Respondent's documented out-of-pocket costs directly related to the disputed domain name. The Complainant further alleges violations of paragraph 2 of the UDRP Policy by the Respondent.<\/p>\n

B<\/strong>. Respondent<\/strong>'s Submissions<\/strong><\/p>\n

The Respondent's default in this UDRP administrative proceeding has resulted in the failure to advance any substantive case on the merits.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP Policy).<\/p>", "bad_faith": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the UDRP Policy).<\/p>", "procedural_factors": "

1<\/strong>. Unsolicited Filing<\/strong><\/p>\n

On 4 December 2024, the Complainant submitted unsolicited correspondence, which the Panel has chosen to accept into the case record due to its relevance to this case. In this filing, the Complainant highlights that the Respondent provided false contact details, specifically a non-existent postal address, at the time of registration of the disputed domain name.<\/p>\n

2<\/strong>. Miscellaneous<\/strong><\/p>\n

The Panel is satisfied that all procedural requirements under UDRP have been duly met. Furthermore, there are no grounds that would preclude the issuance of a decision in this matter.<\/p>", "decision": "Accepted", "panelists": [ "Gustavo Moser" ], "date_of_panel_decision": "2024-12-11 00:00:00", "informal_english_translation": "

The Complainant, Trerè Innovation S.r.l., claims rights to the following registered trade marks:<\/p>\n

• <\/span>EU trade mark registration no. 016950883, registered on 6 November 2017, for the figurative mark UYN, in classes 25 and 35 of the Nice Classification;<\/p>\n

• <\/span>International trade mark registration no. 1384243, registered on 19 October 2017, designating inter alia<\/em> Türkiye, for the stylised mark UYN, in classes 25 and 35 of the Nice Classification; and<\/p>\n

• <\/span>EU trade mark registration no. 018996663, filed on 8 March 2024, and registered on 3 July 2024, for the figurative mark UYN biomorph, in classes 23, 25 and 40 of the Nice Classification.<\/p>\n

These trade marks shall hereinafter collectively be referred to as 'the Complainant's trade marks'. Furthermore, the Complainant possesses numerous domain names incorporating the term 'uyn', most notably <uynsports.com>, registered in 2017 and actively utilised as the Complainant´s primary website for the promotion of UYN products.<\/p>\n

The disputed domain name <uynbiomorph.com> was registered on 8 March 2024 and currently resolves to a page hosted by GoDaddy, which advertises it for sale at the price of USD 2,850.<\/p>", "decision_domains": { "uynbiomorph.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }