{ "case_number": "CAC-UDRP-109008", "time_of_filling": "2026-09-23 09:20:49", "domain_names": [ "thecolibriskincare.shop" ], "case_administrator": "Olga Slanařová (Case admin)", "complainant": [ "domany" ], "complainant_representative": "Christian Roehl (RDP Roehl Dehm & Partner Rechtsanwälte mbB)", "respondent": [ "Eric Hall" ], "respondent_representative": null, "factual_background": "

The Complainant is a German company which develops and sells skincare products formulated to address different skin needs on the basis of scientific research. Distribution of the Complainant's products takes place primarily through the Complainant's own online shop at the domain name <colibriskincare.de>, through which customers can place orders for direct delivery to their homes<\/span>. The products are additionally available through selected retail partners.<\/p>\n

The disputed domain name was registered on June 4, 2026 and at the time the Complaint was filed it resolved to an online shop under the name \"Colibri Skincare\" that purported to offer for sale<\/span> the Complainant's products and prominently displayed <\/span>the Complainant's trademarks, product images and in general imitated the layout of the Complainant's official website. At the time of this Decision, the disputed domain name resolves to an inactive webpage.<\/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

Notably, the Complainant contends that the disputed domain name incorporates its COLIBRI SKINCARE trademark in its entirety and without alteration, with the only addition being the definite article \"the\" preceding the trademark, which has no distinguishing capacity of its own. The Complainant further argues that the omission of the space between the words \"colibri\" and \"skincare\" is dictated by the technical requirements of the domain name system, while the addition of the gTLD \".shop\" is irrelevant for the purposes of comparison. According to the Complainant, the disputed domain name is phonetically and visually highly similar and conceptually identical to its COLIBRI SKINCARE trademark. <\/p>\n

With reference to rights or legitimate interests in respect of the disputed domain name, the Complainant contends that it has never granted the Respondent any license, authorization, consent or permission to use its trademarks in the disputed domain name. The Complainant argues that the Respondent is using the disputed domain name for a fake online shop reproducing the Complainant's own website, including its visual appearance, page structure, color scheme, name, trademarks and product images, thereby impersonating the Complainant and misleading customers. The Complainant further contends that such use cannot constitute a bona fide offering of goods or services, particularly since the website does not disclose any relationship between the Respondent and the Complainant and instead holds itself out as the Complainant's own online shop. The Complainant also points out that the customer login page is identical to that of its own website, meaning that users have no means of recognizing that their account credentials are not being transmitted to the Complainant, while the checkout process requires customers to enter their credit card details, with no alternative payment method being offered. Furthermore, the Complainant submits that the Respondent is not commonly known by the disputed domain name, as the publicly available registration data identify a proxy service as the registrant and the website contains no imprint, corporate identification or other indication of an operator bearing a corresponding name. Finally, the Complainant argues that the Respondent is not making any legitimate non-commercial or fair use of the disputed domain name, as the website is commercial in nature, offers goods for sale and creates a risk of implied affiliation with the Complainant.<\/p>\n

With reference to the circumstances evidencing bad faith, the Complainant contends that the Respondent registered the disputed domain name in bad faith, with full knowledge of the Complainant and its trademarks. In this regard, the Complainant notes that its trademarks predate the registration of the disputed domain name on June 4, 2026, and that it has been distributing its products through its own online shop at \"www.colibriskincare.de\" since at least 2021. The Complainant argues that the Respondent's knowledge of its trademarks and business activities is evident from the reproduction of its online shop, including its visual appearance, products, packaging, logos, product names and photographic materials, as well as the choice of a domain name consisting of the COLIBRI SKINCARE trademark preceded only by the article \"the\", clearly intended to create the closest possible resemblance to the Complainant's own domain name. With regard to bad-faith use, the Complainant submits that the Respondent intentionally attempted to attract Internet users for commercial gain by creating a likelihood of confusion with the Complainant's trademarks as to the source, sponsorship, affiliation or endorsement of the website and the goods offered thereon, within the meaning of paragraph 4(b)(iv) of the Policy. The Complainant further argues that the Respondent is using the website to collect customers' account credentials and credit card details under the guise of the Complainant's online shop, exposing the Complainant to reputational and other harm. Finally, the Complainant points out that the Respondent used a privacy service to conceal its identity and that, despite the Complainant's reports to the Registrar on August 24 and August 31, 2026, drawing attention in particular to the collection of customer account and credit card data, the Registrar took no action and the website remained operational.<\/p>\n

No administratively compliant Response has been filed.<\/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": [ "Stefan Bojovic" ], "date_of_panel_decision": "2026-11-03 00:00:00", "informal_english_translation": "

The Complainant is the owner of the COLIBRI SKINCARE trademark, and other trademarks that contain the term \"colibri\", such as COLIBRI COSMETICS. In particular, the Complainant owns the European Union trademark No. 018271850 for COLIBRI SKINCARE, registered on October 27, 2020.<\/p>\n

The Complainant also owns domain names that include its COLIBRI COSMETICS trademark, such as the domain name <colibriskincare.de>, registered on July 29, 2020.<\/p>", "decision_domains": { "thecolibriskincare.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }