{
    "case_number": "CAC-UDRP-107469",
    "time_of_filling": "2025-04-11 08:14:46",
    "domain_names": [
        "garmontcanada.org"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Garmont International s.r.l."
    ],
    "complainant_representative": "Roberta Sala Peup (GriffeShield S.r.l.)",
    "respondent": [
        "Owen  Bradley"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is an Italian company active in the mountain and outdoor footwear sector, founded in 1964. Its products can be ordered worldwide and bought in many countries. Among the trademarks of the Complainant, there is also a figurative trademark, EU 001590355 in classes 18, 25, 28 registered since June 14, 2001.<\/p>\n<p>&nbsp;<\/p>\n<p><\/p>\n<p>The website under the disputed domain name shows Complainant&acute;s trademark GARMONT, the figurative trademark mentioned above and a similar web design as Complainant&acute;s website with photos and the slogan GET OUTSIDE as well as product offers of Garmont shoes which are counterfeit products as Complainant states. The website does not indicate another owner or any relation to the Complainant.<\/p>\n<p><\/p>\n<p>The disputed domain name was registered on June 25, 2023.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name. <span class=\"Apple-converted-space\">&nbsp;<\/span><\/p>\n<p>The Complainant, inter alia, contends, that the domain name contains in its entirety the Complainant&acute;s mark GARMONT, whereas the additional element &bdquo;Canada&ldquo; is a pure geographical indication. The Respondent has no legitimate interest in the domain name in question, since he was never authorised to use the trademark of the Complainant. The domain name in question has been both acquired and is being used in bad faith as the Complainant was present for many years at the time of the registration of the disputed domain name and counterfeited shoes are sold on the website under the disputed domain name.<\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>The Panel issued a procedural order on May 12, 2025 requesting clarification regarding the Complainant&acute;s identification. The Complainant replied on May 13, 2025 that only a clerical mistake was made while filing the complaint form and requested a change in Complainant&acute;s identification.<\/p>\n<p>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": [
        "Dietrich Beier"
    ],
    "date_of_panel_decision": "2025-05-16 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of several Trademarks for GARMONT, inter alia, the European Trademark Registration 665125 GARMONT in classes 18, 25, 28 applied for on October 30, 1997 and registered on February 2, 1999, being in effect.<\/p>",
    "decision_domains": {
        "garmontcanada.org": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}