{
    "case_number": "CAC-UDRP-100552",
    "time_of_filling": "2013-01-25 13:09:54",
    "domain_names": [
        "sing-cointreau.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "COINTREAU"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Cointreau"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nSee numerous WIPO decisions:\r\n-\tTelstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003; \r\n-\tCBS Broadcasting, Inc. v. Dennis Toeppen, WIPO Case No. D2000-0400;\r\n-\tWIPO case No. D2001-1085, Cointreau SA, Remy Cointreau v. Greenhouse Inc;\r\n-\tWIPO case No. DCO2010-0019, CLS Rémy Cointreau v. Luke Skywalker, X Wing.\r\n\r\nThe Complainant's facts can be summarized as followed: \r\n- Founded in 1849 in Angers, Cointreau (currently a branch of Remy Cointreau Group) produces a liqueur made of orange peels;\r\n- Its main activities are the production of cognacs, liquors, rums and spirits;\r\n- The Complainant is owner of several word\/semi-figurative\/tridimensional trademarks;\r\n- Its communication is done through many websites worldwide. The main one is \"www.cointreau.com\" registered on 11\/10\/1995;\r\n- The disputed domain name \"sing-cointreau.com\" has been registered on 02\/12\/2008. The Whois information for the Domain Name records that the Organisation's Name owner of the disputed domain domain name is \"Cointreau\"; \r\n- According to the Complainant, this domain name \"is confusingly similar to the trademarks and products \"COINTREAU\";\r\n- On 7 January 2013, the Complainant has sent a cease and desist letter to the Respondent \"Cointreau, 9-7-1, Akasaka, Midtown Tower Minato-ku, 107-6211 Tokyo Japan\", requesting him the transfer of ownership of the disputed Domain Name;\r\n- The Respondent did not answer.",
    "other_legal_proceedings": "The Panel is not aware of other legal proceedings related to the disputed domain name. ",
    "no_response_filed": "The Complainant's contentions can be summarized as followed: \r\n\r\nAs to the first condition, the Complainant contends that its trademark \"Cointreau\" is well known in the world especially in Japan where the trademark \"Cointreau\" is registered since 1950. In his opinion, the contested Domain Name \"sing-cointreau.com\" is confusingly similar to its prior trademarks \"Cointreau\". This Domain name wholly incorporates the trademark \"Cointreau\". The addition of a gTLD \".com\" and term \"Sing\" is, according to the Complainant, \"not sufficient to escape the finding that the domain name is confusingly similar to the trademark (...). It does not prevent the likelihood of confusion between the disputed domain name and Cointreau, its trademark and its domain name associated\".\r\n\r\nAs to the second condition, the Complainant asserts that the Respondent \"is not affiliated with nor authorized by Cointreau in any way\", that he \"has nor right or legitimate interests in respect of the domain name and is not related in any way to the Cointreau's business\". The Complainant adds that he \"does not carry out anu activity for, nor has any business with the Respondent\" and tat the Respondent is not known under \"Cointreau\". The Organisation's name located in the Respondent's address is not \"Cointreau\" but well \"Yahoo Japan Corporation\". Then,  the Website related to the Domain name appears to be linked to an inactive page (exhibit n°7) since its registration. Those circumstances stress the abence of right or legitimate interest of the Respondent in respect of the contested Domain Name. \r\n\r\nAs to the third condition, in the Complainant's mind, the bad faith of the Respondent is blatant based on the followings: \r\n- Registration of a well-known\/famous trademark \r\n- Deliberate provision of false\/misleading Whois data\r\n- No response to the cease and desist letter \r\n- Inactive Website\r\n- Non use of the domain name \r\nTo this regard, the Complainant contends that \"since its registration, the domain name is inactive and therefore is considered as a passive holding. As prior WIPO UDRP panel have held, the incorporation of a famous trademark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use.\" \r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED ",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the 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).",
    "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 Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).",
    "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.",
    "decision": "Accepted",
    "panelists": [
        "Mr. Etienne Wéry"
    ],
    "date_of_panel_decision": "2013-03-20 00:00:00",
    "informal_english_translation": "The Complainant uses the Domain name \"www.cointreau.com\" which is connected to one of the main websites of the Complainant, and is also owner of several trademarks for the name \"Cointreau\", protected on worldwide basis, among others: \r\n\r\n- International nominative Trademark \"Cointreau\" n°144083, registered on 21 November 1949, for goods in classes 32 and 33;\r\n- International semi-figurative Trademark \"Cointreau\" n°297658, registered on 17 May 1965, for goods in class 33; \r\n- International semi-figurative Trademark \"Cointreau\" n°224330, registered on 2 October 1959, for goods in class 33; \r\n- International semi-figurative Trademark \"Cointreau\" n°917242, registered on 15 December 2006, for goods in classes 32 and 33; \r\n- \"Cointreau\" Community nominative Trademark n°8809964, registered on 13 June 2010, for goods and services in classes 41, 43  33; \r\n- \"Cointreau\" Community tridimensional Trademark n°4021986, registered on 3January 2006, for goods in class 33; \r\n- etc. ",
    "decision_domains": {
        "SING-COINTREAU.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}