The Complaint is directed against the following four disputed domain names:<\/p>\n
The Registrar Verification confirmed that all four disputed domain names are registered by a person using the same personal name (Ponke Lee) but different Organization names.<\/p>\n
<\/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 names.<\/p>", "no_response_filed": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/p>\n
No administratively compliant Response has been filed.<\/p>", "rights": "
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": "
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": "
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": "
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>\n
In particular, the Panel is convinced that all four disputed domain names have been registered by the same Respondent Mr\/Ms Ponke Lee.<\/p>\n
The fact that for each of the disputed domain names a different \"Organization Name\" is given, does - in the Panel's view - not change the fact that all of these disputed domain names have been registered in the name of the same natural person. Therefore, the Panel finds it appropriate to proceed with its examination of the Complaint directed against the same Respondent for four different disputed domain names.<\/p>\n
<\/p>", "decision": "Partially Accepted\/Partially Rejected", "panelists": [ "Tobias Malte Müller" ], "date_of_panel_decision": "2025-01-16 00:00:00", "informal_english_translation": "
The Complaint is based amongst others on the following trademark, registered in the Complainant's name: “baerskinˮ (word mark) no. 6879944, registered in the United States on October 18, 2022 - still under the Complainant's former company name - for goods in class 25;<\/p>\n
Beyond this registered trademark, the Complainant relies on further pending applications for figurative trademarks containing the verbal element \"baerskin\".<\/p>\n
On 1 November 2024, Complainant dispatched a notice of infringement to the Respondent regarding the disputed domain name <baerskinapparels.com>. The Respondent replied on 2 November 2024 with a note it would take down the content of its website and in the following the disputed domain name has been suspended.<\/p>\n
Originally, however, the website to which the disputed domain name <baerskinapparels.com> resolved, purported to sell clothing under the Complainant's “BAERSKIN”-logo (including the figurative element of stylised “bear head”). Additionally, the Respondent also created its Facebook profile called \"Baerskin Apparelsˮ and used - again - the Complainantʼs BAERSKIN-Logo with the stylized bear head element as a profile image. However, the Complainant has no relationship with the Respondent.<\/p>\n
The second and third disputed domain names, i.e. <bearskinapparels.com> and <wolfhugapparels.com>redirect both to the same website under the last disputed domain name, i.e. <stonewolves.com>. Also this website purported to sell clothing at highly discounted prices (\"Save 59%\") by using the \"BAERSKIN\"-trademark.<\/p>\n
On 8 November 2024 dispatched another notice of infringement to the Respondent regarding the disputed domain name <stonewolves.com>. The Respondent replied on that same day that its activities are for the educational purposes of its employees.<\/p>", "decision_domains": { "baerskinapparels.com": "TRANSFERRED", "bearskinapparels.com": "TRANSFERRED", "stonewolves.com": "REJECTED", "wolfhugapparels.com": "REJECTED" }, "panelist": null, "panellists_text": null }