{ "case_number": "CAC-UDRP-107190", "time_of_filling": "2024-12-18 16:46:42", "domain_names": [ "bitterliebe.shop" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BitterPower GmbH" ], "complainant_representative": "Peter Müller (pm.legal)", "respondent": [ "Gypsy Spangle (Gypsy Spangle)" ], "respondent_representative": null, "factual_background": "

As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:<\/span><\/p>\n

(a) The Complainant is a German food start-up that was founded in 2018 by its current CEOs, Mr. Jan Stratmann and Mr. Andre Sierek. Since then, the Complainant has grown rapidly and is one of the fastest growing food start-ups in Europe with over half a million customers. <\/span><\/p>\n

(b) The Complainant is the owner of Complainant's Trademarks.<\/span><\/p>\n

(c) The disputed domain name was used to operate a website offering for sale the Complainant’s products as well as products of third parties. In particular, the Respondent offers inter alia products of the German food start-up companies 3Bears Foods GmbH (https:\/\/3bears.de\/<\/a>) and mykraut Handels GmbH (https:\/\/www.my-kraut.de\/<\/a>). Furthermore, the title of the Complainant's website BitterLiebe - Das Original | Bekannt aus \"Höhle der Löwen\", which refers to the Complainant's participation in the German entertainment show \"Die Höhle der Löwen\", was used verbatim on the Respondent's website.<\/span><\/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 Parties' contentions are the following:<\/span>

THE COMPLAINANT:<\/span>

In addition to the above factual assertions, the Complainant also contends the following:<\/span>

<\/p>\n

(i) The disputed domain name is identical to Complainant’s Trademarks;<\/p>\n

<\/p>\n

(ii) Respondent is not affiliated with nor authorized by the Complainant in any way. 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 Trademarks, or apply for registration of the disputed domain name. Furthermore, even if the Complainant's products sold at the website under the disputed domain name are genuine, the Respondents failed to satisfy the requirements set out in the case of Oki Data Americas, Inc. v. ASD, Inc. (WIPO Case No. D2001-0903) to establish legitimate interest of a non-authorized distributor in the disputed domain name, because the Respondent does not accurately and prominently disclose its relationship with the Complainant in any way and the Respondent doesn't use the website to sell only the Complainant's products. Therefore, the Complainant has no rights or legitimate interests in respect of the disputed domain name.<\/p>\n

(iii) The website under the disputed domain name displays the Complainant’s Trademarks and the products of the Complainant are offered there for sale. There is no disclaimer or any information explaining that the Respondent is not affiliated with the Complainant. Given the distinctiveness of the Complainant's trademarks and the content of the website, it is clear that the Respondent has registered the domain name with full knowledge of the Complainant's Trademarks. The Respondent’s intention therefore must have been to benefit financially from the Complainant’s Trademarks, however, the Respondent failed to properly disclose its relationship with the Complainant and offered competing third party products. This amounts to bad faith of the Respondent in registration and use of the disputed domain name.<\/p>\n


THE RESPONDENT:<\/span>

The Respondent did not provide any response to the complaint.<\/span><\/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 Uniform Domain Name Dispute Resolution Policy (\"<\/span>UDRP<\/strong>\" or \"<\/span>Policy<\/strong>\")<\/span>.<\/p>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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": [ "Michal Matějka" ], "date_of_panel_decision": "2025-02-06 00:00:00", "informal_english_translation": "

The Complainant is the registered owner of the following trademarks:<\/span><\/p>\n

- EU word trademark BITTERLIEBE no. 018148573, registered on 11 March 2020 for goods in classes 5, 30, and 33; and<\/span><\/p>\n

- International word trademark BITTERLIEBE, no. 1564105, registered on 10 November 2020 for goods in classes 5, 30, and 33.<\/span><\/p>\n

(“Complainant’s Trademarks<\/strong>”).<\/span><\/p>\n

The disputed domain name <bitterliebe.shop> was registered on 27 September 2024.<\/p>", "decision_domains": { "bitterliebe.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }