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. Notably, the Complainant asserts that “ELF BAR” is a range of disposable vapes that, despite only being lounged a few years ago, has become one of the most popular brands on the market which has reached thousands of countries and regions across five continents. The Complainant further submits that the disputed domain name is confusingly similar to the Complainant’s well-reputed ELF BAR trademark, as it includes all or at least one of the main features of the latter and is likely to cause confusion. Moreover, the Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name since: (1) the content of the website to which the disputed domain name resolves is highly relevant to the Complainant’s business, and the Respondent did not indicate its relationship with the Complainant in a prominent position on such website, making it difficult for consumers to distinguish; (2) the Respondent is not identified as one of the Complainant’s distributors or partners; and (3) the Complainant has never directly or indirectly authorized the Respondent to use its ELF BAR trademark and the corresponding disputed domain name in any way. Finally, the Complainant argues that the Respondent has registered and is using the disputed domain name in bad faith since: (1) given the Complainant’s reputation, the Respondent was aware of the existence of the Complainant’s ELF BAR trademark prior to the registration of the disputed domain name; and (2) the website to which the disputed domain name resolves does not accurately and prominently disclose the relationship between the Respondent and the Complainant.<\/p>\n
The Respondent, in turn, contends that the Complainant has not satisfied all three of the elements required under the Policy for a transfer of the disputed domain name. Notably, the Respondent claims to have a clear legitimate interest in the disputed domain name as it has invested over one million euros in marketing strategies, including SEO, SEA, and social media advertising which is why the platform under the disputed domain name has established a substantial customer base of over 137,000 regular consumers, validating the disputed domain name's commercial viability and authentic market presence, and the disputed domain name employing the regional TLD \".bayern\" was deliberately chosen to enhance localized brand visibility and foster customer engagement distinct from standard type-in domain names. Also, the Respondent rebuts the Complainant’s bad faith allegations and provides supportive evidence (e.g. through an affidavit as well as excerpts from WhatsApp chats) that the Respondent has engaged proactively with the Complainant’s representatives for many years, underscoring transparency and reaching a mutual understanding that the disputed domain name be used by the Respondent with some sort of consent by the Complainant.<\/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 Policy).<\/p>",
"no_rights_or_legitimate_interests": " See below.<\/p>",
"bad_faith": " See below.<\/p>",
"procedural_factors": " See below.<\/p>",
"decision": "Rejected",
"panelists": [
"Stephanie Hartung"
],
"date_of_panel_decision": "2025-07-16 00:00:00",
"informal_english_translation": " The Complainant has evidenced to be the owner of numerous trademark registrations <\/strong>relating to its brand ELFBAR, including, but not limited to, the following:<\/span><\/p>\n - word mark ELFBAR, European Union Intellectual Property Office (EUIPO), registration No.: 018365272, registration date: May 19, 2021, status: active.<\/span><\/p>\n Also, the Complainant has substantiated to own several domain names relating to its ELFBAR trademark, inter alia, the domain names <elfbar.com> as well as <elfbar.de> which resolve to the Complainant’s official websites at e.g. “www.elfbar.com” and “www.elfbar.de”, promoting the Complainant’s disposable ELFBAR vapes and related products in various geographical regions.<\/span><\/p>\n The disputed domain name was registered by the Respondent on January 7, 2025; it resolves to a website at “www.vapechamp.de” which prominently displays the Complainant’s ELFBAR trademark and official logo, while offering, inter alia, the Complainant’s ELFBAR 600 vapes and related products for online sale, without any reference being made to the Parties’ business relationship.<\/span><\/p>",
"decision_domains": {
"elfbar600.bayern": "REJECTED"
},
"panelist": null,
"panellists_text": null
}