The Complainant is a company specialized in the production of cooking appliances, including the INSTANT POT multicooker, launched in 2008 and of which 215.000 units were sold on the “Amazon Prime Day” alone in 2016.<\/p>\n
The Complainant is the owner of the domain name <instantpot.com>, registered on February 23, 2009, and used in connection with the Complainant’s principal website since as early as May 22, 2009.<\/p>\n
The disputed domain name <instantpotpops.com> was registered on April 3, 2024, and currently resolves to an undeveloped website. However, according to the screenshots submitted by the Complainant, the disputed domain name resolved prior to the present proceeding to a website publishing the Complainant’s trademark INSTANT POT and images of the Complainant’s INSTANT POT electric pressure cooker along with a “Buy now” button. According to the screenshots saved by the Internet Archive at “www.archive.org”, the website also displayed sponsored links advertising third-party products offered on the “www.amazon.com” website.<\/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
The Complainant contends that the disputed domain name <instantpotpops.com> is confusingly similar to the trademark INSTANT POT, in which the Complainant has rights as it reproduces the trademark in its entirety with the mere addition of the non-distinctive term “pops” and the generic Top-Level Domain (“gTLD”) “.com”.<\/p>\n
The Complainant also asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name because: i) the Respondent is not commonly known by the disputed domain name; and ii) the Respondent has not used the disputed domain name in connection with a bona fide<\/em> offering of goods or services or a legitimate non-commercial or fair use, as the disputed domain name has been pointed to a website using the INSTANT POT electric pressure cooker get-up and trade dress and displaying sponsored links which offer products on the “www.amazon.com” website.<\/p>\n The Complainant claims that the Respondent registered the disputed domain name in bad faith since, considering the Complainant’s INSTANT POT mark long predates the registration of the disputed domain name, the INSTANT POT widespread reputation and the Respondent’s use of the INSTANT POT mark on the website to which the disputed domain name resolves, the Respondent was undoubtedly aware of the Complainant at the time of registering the disputed domain name.<\/p>\n The Complainant also submits that the Respondent intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant's trademark as to the source, sponsorship, affiliation, or endorsement of its website according to paragraph 4(b)(iv) of the Policy.<\/p>\n RESPONDENT<\/p>\n No administratively compliant Response has been filed.<\/p>\n On January 14, 2025, the Respondent sent an informal communication to the Center, in which it claimed that though it had initially attempted to create an account on the website at the disputed domain name, it purportedly encountered an issue that prevented it from logging in, resulting in an \"Account Not Found\" error.<\/p>\n The Respondent further submitted that it never launched a website at the disputed domain name and had since removed the disputed domain name from its hosting account.<\/p>\n The Respondent further indicated that the suggestion to register the disputed domain came from its hosting provider though it had no intention of marketing or promoting any content related to INSTANT POT. It also stated that, as a senior citizen residing in a care facility and currently relying on public assistance, it is no longer actively engaged in any online activities.<\/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": [
"Luca Barbero"
],
"date_of_panel_decision": "2025-01-27 00:00:00",
"informal_english_translation": " The Complainant has demonstrated ownership of rights in the trademark INSTANT POT for the purposes of standing, to file a UDRP complaint.<\/p>\n The Complainant is the owner, amongst others, of the following trademark registrations for INSTANT POT:<\/p>\n - United States trademark registration No. 6291537 for INSTANT POT (word mark), filed on June 17, 2019, and registered on March 16, 2021, in international classes 7, 9, 11, 16, 17, 21, 25, 29, 30, 32, 35 and 38;<\/p>\n - United States trademark registration No. 6907251 for INSTANT POT (word mark), filed on May 16, 2017, and registered on November 22, 2022, in international classes 9, 11, 16, 21 and 25.<\/p>",
"decision_domains": {
"instantpotpops.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}