Decision for dispute CAC-UDRP-109038

The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <altarea-im.org> (the "disputed domain name").

The Complainant, Altarea, owns several registrations for the trade mark ALTAREA, including:

• French trade mark registration no. 4692039, registered on 16 April 2021;

• International trade mark registration no. 907441, registered on 12 July 2006; and

• European Union trade mark registration no. 001148246, registered on 8 November 2000.

The Complainant also owns the domain name <altarea.com>, which it states has been registered and used for its official website since 1999.

A. Complainant's Factual Allegations

The Complainant is a French real estate group founded in 1994. It operates in property development and investment across several real estate sectors, including residential, retail, offices, logistics, hotels and serviced residences.

The Complainant states that it is a leading property developer in France and that its ALTAREA trade mark has acquired substantial recognition through its business activities.

The Altarea Group includes Altarea Investment Managers, a real estate investment management business offering investment solutions, including the Alta Convictions SCPI.

B. Respondent's Position

The Respondent did not file a Response.

C. Disputed Domain Name

The disputed domain name <altarea-im.org> was registered on 22 September 2026.

The evidence submitted with the Complaint shows that the disputed domain name previously resolved to a website headed "ALTAREA INVESTMENT MANAGERS", presenting itself as a real estate investment business. The website described investment opportunities and services, referred to investment performance and contained information concerning real estate investment products, including Alta Convictions.

The Complainant states that, following its intervention, the website became inactive. A screenshot dated 29 September 2026 shows that the website was no longer accessible.

A. Complainant

A.1 Identical or Confusingly Similar

The Complainant submits that it owns longstanding registered rights in the ALTAREA trade mark and that the disputed domain name incorporates that trade mark in its entirety.

The Complainant contends that the addition of the letters "im", standing for "Investment Managers", does not prevent the ALTAREA trade mark from remaining clearly recognisable within the disputed domain name. On the contrary, the Complainant submits that those letters refer directly to its subsidiary, Altarea Investment Managers, thereby reinforcing the apparent association with the Complainant.

The Complainant further submits that the generic Top-Level Domain (the "TLD") <.org> does not affect the assessment of confusing similarity.

A.2 No Rights or Legitimate Interests

The Complainant submits that the Respondent is neither affiliated with nor authorised by it and has no business relationship with the Complainant.

The Complainant further contends that the Respondent is not commonly known by the disputed domain name and has not been granted any licence or permission to use the ALTAREA trade mark.

The Complainant points to the previous use of the disputed domain name for a website presenting itself as Altarea Investment Managers and offering real estate investment services. According to the Complainant, the Respondent sought to impersonate its subsidiary and create the false impression that the website was operated or authorised by the Altarea Group.

The Complainant therefore submits that such use cannot constitute a bona fide offering of goods or services or a legitimate noncommercial or fair use.

A.3 Registered and Used in Bad Faith

The Complainant submits that the Respondent registered the disputed domain name with knowledge of, and an intention to target, the ALTAREA trade mark.

In support of its case, the Complainant points to its longstanding trade mark rights, its position in the French real estate sector, the incorporation of ALTAREA into the disputed domain name and the addition of "im", corresponding to the name of its subsidiary.

The Complainant further relies on the content of the website previously associated with the disputed domain name, which presented itself as Altarea Investment Managers and promoted real estate investment opportunities. According to the Complainant, the Respondent sought to attract Internet users for commercial gain by creating a false impression of affiliation with the Complainant.

The Complainant also states that the website became inactive following its intervention.

A.4 Relief Sought

The Complainant requests transfer of the disputed domain name.

B. Respondent

No Response was filed. The Panel therefore proceeds on the basis of the evidence before it and may draw such inferences from the Respondent's default as it considers appropriate pursuant to Rule 14(b) of the UDRP Rules. The Respondent's default does not, however, relieve the Complainant of its burden of establishing each of the elements required by paragraph 4(a) of the UDRP Policy.

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is confusingly similar to a trade mark in which the Complainant has rights within the meaning of paragraph 4(a)(i) of the UDRP Policy.

The Complainant has, to the satisfaction of the Panel, shown that the Respondent has no rights or legitimate interests in respect of the disputed domain name within the meaning of paragraph 4(a)(ii) of the UDRP Policy.

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name was registered and is being used in bad faith within the meaning of paragraph 4(a)(iii) of the UDRP Policy.

The Panel is satisfied that all procedural requirements under the UDRP Policy, the UDRP Rules and the CAC Supplemental Rules have been met and that there is no other reason why it would be inappropriate to provide a decision.

A. Applicable Legal Framework

Pursuant to Rule 15 of the UDRP Rules, the Panel decides on the basis of the statements and evidence submitted, in accordance with the UDRP Policy, the UDRP Rules and any applicable principles of law that it deems applicable.

Under paragraph 4(a) of the UDRP Policy, the Complainant must establish, on the balance of probabilities, that:

(i) the disputed domain name is identical or confusingly similar to a trade mark or service mark in which the Complainant has rights;

(ii) the Respondent has no rights or legitimate interests in respect of the disputed domain name; and

(iii) the disputed domain name has been registered and is being used in bad faith.

B. Identical or Confusingly Similar

The Complainant has established registered rights in the ALTAREA trade mark.

The disputed domain name incorporates the ALTAREA trade mark in its entirety, followed by a hyphen and the letters "im". The ALTAREA trade mark remains clearly recognisable within the disputed domain name. The addition of "im", which corresponds to the initials of Altarea Investment Managers, does not prevent a finding of confusing similarity.

The TLD <.org> is a standard registration requirement and does not affect the assessment of confusing similarity.

The Panel therefore finds that the disputed domain name is confusingly similar to a trade mark in which the Complainant has rights and that the first element of paragraph 4(a) of the UDRP Policy has been established.

C. Rights or Legitimate Interests

The Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name.

There is no evidence that the Respondent has been authorised to use the Complainant's ALTAREA trade mark or is commonly known by the disputed domain name.  

The evidence shows that the disputed domain name was used for a website presenting itself as "ALTAREA INVESTMENT MANAGERS" and promoting real estate investment services. The website also referred to investment products and activities associated with Altarea Investment Managers, an existing business within the Altarea Group.

In the circumstances, the Panel considers that the website was presented in a manner calculated to create the false impression that it was operated or authorised by the Complainant or its subsidiary. Such use does not constitute a bona fide offering of goods or services or a legitimate noncommercial or fair use.

The Respondent has provided no evidence capable of rebutting the Complainant's prima facie case.

The Panel therefore finds that the Respondent has no rights or legitimate interests in the disputed domain name and that the second element of paragraph 4(a) of the UDRP Policy has been established.

D. Registered and Used in Bad Faith

The Panel is satisfied that the Respondent registered the disputed domain name with knowledge of, and an intention to target, the Complainant and its ALTAREA trade mark.

The Complainant's registered rights substantially predate the registration of the disputed domain name. The disputed domain name incorporates ALTAREA in its entirety, together with the letters "im", corresponding to the initials of Altarea Investment Managers, an existing business within the Altarea Group.

The use made of the disputed domain name reinforces that conclusion. The corresponding website prominently displayed the name "ALTAREA INVESTMENT MANAGERS", promoted real estate investment services and referred to investment activities associated with that business. In the circumstances, the Panel considers it implausible that the disputed domain name was selected independently of the Complainant and its trade mark.

The Panel is therefore satisfied that the Respondent intentionally attempted to attract Internet users for commercial gain by creating a likelihood of confusion with the Complainant's ALTAREA trade mark as to the source, sponsorship, affiliation or endorsement of the website. Such conduct falls within paragraph 4(b)(iv) of the UDRP Policy.

The subsequent inactivity of the disputed domain name does not alter that conclusion. The screenshot dated 29 September 2026 shows that the website was no longer accessible, but that circumstance does not negate the evidence of its previous use.

The Panel therefore finds that the disputed domain name was registered and is being used in bad faith and that the third element of paragraph 4(a) of the UDRP Policy has been established.

E. Decision

For the foregoing reasons, in accordance with paragraph 4(i) of the UDRP Policy and Rule 15 of the UDRP Rules, the Panel orders that the disputed domain name <altarea-im.org> be transferred to the Complainant, ALTAREA.