{
    "case_number": "CAC-UDRP-108520",
    "time_of_filling": "2026-04-10 12:32:11",
    "domain_names": [
        "nuobell.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Personality Gym AB"
    ],
    "complainant_representative": "Rouse AB",
    "respondent": [
        "Paramjit  Singh "
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a Swedish company doing business in the sport area with high-tech solutions such as OMNIGYM or FLEXBELL which were later in 2020 rebranded as N&Uuml;OBELL. The trademark has received attention from the trade press such as Fitness,&nbsp;Men&rsquo;s Health,&nbsp;Gear Patrol. The Complainant&acute;s official site is <a href=\"https:\/\/nuoathletics.com\/\">https:\/\/nuoathletics.com\/<\/a>.<\/p>\n<p>The disputed domain name &lt;nuobell.com&gt; was registered on December 10, 2020 by the Respondent. At the moment of the file of this Complaint the disputed domain name redirected to the Respondent&acute;s site: <a href=\"http:\/\/www.urbnfyt.com\">www.urbnfyt.com<\/a> where both the Complainant&acute;s and third parties&acute; products are for sale.<\/p>\n<p>The Respondent&acute;s site does not accurately and prominently disclose the registrant&rsquo;s relationship with the Complainant. However, the Respondent has been listed as an official reseller of the Complainant for some time. Currently the Respondent is not listed as such.<\/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&nbsp;<\/p>\n<p>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<p>The Complainant alleges that the Respondent incorporates the N&Uuml;OBELL mark in its entirety in the disputed domain name. By erasing the diaeresis, that said, the two points above the vowel &ldquo;u&rdquo;, the trademark is recognizable in the disputed domain name as set out in WIPO Overview 3.0 section 1.7.<\/p>\n<p>The Complainant supports a finding that the Respondent does not have any rights or legitimate interests in the disputed domain name as provided in Paragraph 4(c) of the Policy. Further, the Complainant submits that the Respondent does not comply with Oki Data test (WIPO Case No. 2001-0903, Oki Data Americas, Inc. v. ASD, Inc.).<\/p>\n<p>The Complainant also notes that previous panels have found that a domain holder lacks rights or legitimate interests in cases involving a domain name identical to the Complainant&rsquo;s trademark and thus carry a high risk of implied affiliation.<\/p>\n<p>With regard to the third element, the Complainant contends that the Respondent had knowledge of its trademark and that he was aware he had no prior rights. Besides, the Complainant contends that the Respondent has intentionally attempted to attract Internet traffic, for commercial gain by creating a likelihood of confusion with the Complainant&rsquo;s mark N&Uuml;OBELL by trying to create a link of association between the Complainant and the disputed domain name to promote his own website and products.<\/p>\n<p>THE RESPONDENT<\/p>\n<p>The Respondent does not dispute the Complainant&acute;s N&Uuml;OBELL trademark rights. However, the Respondent highlights that this element alone is insufficient for the transfer sought by the Complainant.<\/p>\n<p>The Respondent also alleges that he has clear rights and legitimate interest to hold the disputed domain name. Namely, the site offers primarily genuine N&Uuml;OBELL products and the relationship is accurately disclosed (or can be made more explicit if needed). Thus, there is no false claim of being the manufacturer.<\/p>\n<p>The registration of the disputed domain was in good faith. The Respondent states to be a reseller entering the Complainant&acute;s product in the USA market. Accordingly, the Respondent denies being a cybersquatter or, attempting to sell the disputed domain name.<\/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 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": [
        "Manuel Moreno-Torres"
    ],
    "date_of_panel_decision": "2026-05-14 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of N&Uuml;OBELL trademark in different jurisdictions around the world. As such, European Union Intellectual Property Office with registration number 018164853, registered on May 22, 2020 or, United States Patent and Trademark Office with registration number 7582828, registered on March 12, 2024.<\/p>",
    "decision_domains": {
        "nuobell.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}