Case number | CAC-UDRP-106218 |
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Time of filing | 2024-02-01 09:54:33 |
Domain names | maisonsbatigere.com |
Case administrator
Name | Olga Dvořáková (Case admin) |
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Complainant
Organization | BATIGERE HABITAT |
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Complainant representative
Organization | NAMESHIELD S.A.S. |
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Respondent
Organization | Davi Davi (Davi Davi) |
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The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.
The Complainant is the owner of the trade mark “BATIGERE”, registered as European trademark BATIGERE n° 002204113 since August 20th, 2002.
The Complainant also owns the domain names <batigere.fr> registered on September 29, 1999, and <batigere.com> registered on June 5, 2007.
Founded in 1947, The Complainant is a French company trading in housing in France.
The disputed domain name <maisonsbatigere.com> was registered on September 10, 2023 and resolves to a blank page.
COMPLAINANT:
RESPONDENT: NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.
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).
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).
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).
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.
The disputed domain name registered in 2023 is confusingly similar to the Complainant's trademark BATIGERE (registered as European trademark n° 002204113 since August 20th, 2002) adding only the general French word 'maisons' meaning houses and the gTLD .com which do not prevent said confusing similarity.
The Respondent is not authorised by the Complainant or commonly known by the disputed domain name. There has been no use of the disputed domain name so no legitimate non commercial use or bona fide offering of goods or services.
The Respondent has not answered the Complaint or rebutted the prima facie case evidenced by the Complainant.
The disputed domain name containing a mark with a reputation is being passive held without legitimate explanation. Because of the confusing similarity of the disputed domain name the Panel found that the Respondent had the Complainant in mind when registering the disputed domain name. The Panel did not find any possible good faith use of the disputed domain name by the Respondent.
- maisonsbatigere.com: Transferred
PANELLISTS
Name | Dawn Osborne |
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