{ "case_number": "CAC-UDRP-107452", "time_of_filling": "2025-04-02 11:39:17", "domain_names": [ "nanushkal.shop" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Nanushka International Zártkörűen Működő Részvénytársaság" ], "complainant_representative": "Barnabas Mezo (Oppenheim Ugyvedi Iroda)", "respondent": [ "WeiLai Chen" ], "respondent_representative": null, "factual_background": "

The Complainant, Nanushka International Zrt. is a Hungarian company established in 2012. The Complainant operates in the field of ready-to-wear collections and accessories for women and men and trades under its commercial name and trademark NANUSHKA. Nanushka is the childhood nickname of the founder and head designer of the Complainant, Ms. Sandra Sandor. Her collections are currently sold in more than 140 physical stores worldwide, including Le Bon Marché, La Rinascente, Nordstrom, Saks Fifth Avenue and Neiman Marcus. Moreover, the Complainant's products are available online through the Complainant's website at https:\/\/www.nanushka.com<\/a>, and in some luxury e-commerce platforms, such as Farfetch, MyTheresa, Browns, Matches Fashion and Net-a-Porter.<\/p>\n

The Respondent is allegedly located in the USA and bears a Chinese name. The disputed domain name was registered on 1 August 2024 and resolves to a commercial website offering for sale different kinds of products, apparently from third parties, at discounted prices. <\/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 Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n

In particular, the Complainant maintains that the disputed domain name is confusingly similar to its NANUSHKA trademark as it reproduces this trademark entirely with the sole addition, at the end of the trademark, of the letter \"l\", and of the term \"shop\". The added letter \"l\" is a minor typographical variation of the Complainant's mark that does not alter the overall impression of the sign, likewise the addition of the term \"shop\".<\/p>\n

The Complainant further maintains that the Respondent lacks rights or legitimate interests in the disputed domain name. The Complainant does not know the Respondent and did not authorize the Respondent to register the disputed domain name. <\/p>\n

Finally, the Complainant contends that the Respondent has registered and is being using the disputed domain name in bad faith. The Complainant’s NANUSHKA mark is distinctive, has existed for many years and has no generic or descriptive meaning. Given the distinctiveness of the Complainant's trademark and its reputation, it is reasonable to infer that the Respondent has registered and uses the disputed domain
name with full knowledge of the Complainant's mark. According to the Complainant, given the use that the Respondent is making of the disputed domain name, to resolve to a commercial website, it is clear that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or
endorsement of the Respondent’s website or location or of any product or service on the Respondent’s website or location, which constitutes registration and use in bad faith. Moreover, by reproducing the Complainant’s mark in the disputed domain name and using the ‘nanushkal’ sign in the website header, the Respondent is clearly suggesting to any Internet user visiting the website operated under the disputed domain name that the Complainant, or one of its affiliates, is the source of the website, which is not true. Furthermore, the Complainant points out that the Respondent's website provides no Terms and Conditions or Privacy Policy, which are standard features typically expected on a legitimate
commercial website. The absence of these essential legal documents raises concerns regarding the transparency and credibility of the Respondent and may indicate bad faith in the operation of the website. <\/p>\n

The Respondent did not file any Response.<\/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": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2025-05-02 00:00:00", "informal_english_translation": "

The Complainant is the owner of various NANUSHKA trademark registrations, registered in various countries worldwide, including the following:<\/p>\n

- NANUSHKA (stylized), European Union trademark registration No. 012504767, registered on 15 February 2015, for goods in classes 14, 18 and 25;<\/p>\n

- NANUSHKA (stylized), International trademark registration No. 1222798, registered on 25 March 2014, for goods in classes 14, 18 and 25, designating various jurisdictions worldwide, including the United States of America (\"USA\"), and China.<\/p>", "decision_domains": { "nanushkal.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }