FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
Complainant is a lingerie brand which belongs to the Groupe Chantelle, a French lingerie company which has a long history. The Complainant is the owner of the international trademark CHANTELLE no. 160643 registered and renewed since March 27, 1952. The trademark CHANTELLE is also registered in the Trade Mark Clearing House since August 04, 2011.The Complainant has also registered numerous domain names including the domain name <chantelle.com> since August 17, 1995.
The Respondent has registered the disputed domain name <CHANTELLE.SHOP> on September 28, 2016, and the website attached to this domain name displays a registrar parking page.
On October 20, 2016, a cease-and-desist letter has been sent to the Respondent by the Complainant’s agent. The Respondent answered to this cease-and-desist letter via email (dated October 21, 2016) explaining that:
“I received your letter, I registered the domain name because my girlfriend used CHANTELLE products, but i did not create any sites about the domain name and not for any commercial activity, also did not have any publicity in this domain within the scope of the public behavior. I can only guarantee that I will not put CHANTELLE.shop this domain name to establish any site or for any commercial behavior, or in the public sphere of publicity about CHANTELLE.shop.”
The Complainant then sent the Respondent another email (dated October 21, 2016) explaining that his domain name registration infringes the Complainant’s rights and asking him to transfer the disputed domain name to the Complainant mentioning that otherwise the Complainant will initiate a legal action against him. The Respondent furthermore replied on this via email communication (dated October 22, 2016) as follows:
"Thank you for your reply. And i want to to know: why is this new.Shop domain name suffixes sunrise period beginning from June 30, 2016 to August 29. 2016 until end Chantelle company have not registered the domain? As You know, the sunrise period as long as 60 days, so I can understand the Chantelle company announced all over the world to give up its right of the domain name “Chantelle.shop” registration, and the Chantelle company does not require the "Chantelle.shop" domain name, right? And I registered domain name in September 28.2016,the time belonged period (GA),It was open to the public when i registered, so I did not infringe the Chantelle company rights, I was legitimate,and I payed time vigour and money, now I am the legitimated owner of “Chantelle.shop” domain name , i did not create any sites about the domain name and not for any commercial activity, also did not have any publicity in this domain within the scope of the public behavior. No commercial behavior and Chantelle conflict or compete with the content, products. So on this point, I hope Chantelle company can to make clear. Now Chantelle company needs “Chantelle.shop” this domain name for commercial behavior, i can understand and be interested to give supports.I think we may through more communication to solve this problem. I hope Chantelle company handled properly, and I will be friendly to transfer the domain namered to Chantelle company, and I also promise that before the transfer of the domain name, I do not make any negative influence about the behavior and actions.
PS:
June 30.2016 to August 29.2016 is the new top-level domain .Shop sunrise period, during which only the TMCH trademark holder may apply for registration. Beijing time in September 1st.2016 23:00 .Shop domain name through advance sale plan (EAP) to the purchase of.Shop's business and personal.Shop registratio in advance to buy." Beijing time in September 26th .2016 23:00, .Shop domain will enter the normal registration period (GA period), officially open to the public."
|