{
    "case_number": "CAC-UDRP-100766",
    "time_of_filling": "2014-02-26 16:11:01",
    "domain_names": [
        "kaufmanbroad.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "KAUFMAN & BROAD EUROPE"
    ],
    "complainant_representative": "Nameshield (Anne Morin)",
    "respondent": [
        "Fundacion Private Whois"
    ],
    "respondent_representative": null,
    "factual_background": "Complainant states that it is \"a leading French developers builders\" that was \"[f]ounded in 1957 in Detroit (United States)\" and was \"listed on the New York Stock Exchange in 1961\" and \"expand[ed] into France in 1968.\"  Complainant further states that it has \"built nearly 70,000 apartments and individual houses and more than 487,000 m2 of office space on behalf of third parties.\"\r\n\r\nComplainant states, and provides evidence to support, that Respondent contacted Complainant via e-mail on February 19, 2014, stating: \"Time is counting down for kaufmanbroad. com, lock in your offer today in order to be the potential owner. Why let your competitors obtain this before you\" and \"Make an offer now for kaufmanbroad. com\".  The e-mail states that is was sent by \"The Domain Team\" in Jacksonville, Florida (USA).\r\n\r\nComplainant states, and provides evidence to support, that the disputed domain name is \"inactive.\"",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the disputed domain name.",
    "no_response_filed": "No 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).  Specifically, the disputed domain name is identical to the word mark in the trademark registrations cited by Complainant, the only exception being that the domain name does not contain a space, which is an invalid character in domain names.",
    "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).\r\n\r\nComplainant states: \"The Complainant contends that the Respondent is not affiliated with nor authorized by KAUFMAN & BROAD EUROPE in any way.  The Complainant contends that the Respondent has no rights or legitimate interests in respect of the domain name and he is not related in any way to the Complainant’s business.  The Complainant does not carry out any activity for, nor has any business with the Respondent.\"\r\n\r\nUnder the UDRP, “a complainant is required to make out a prima facie case that the respondent lacks rights or legitimate interests.  Once such prima facie case is made, the burden of production shifts to the respondent to come forward with appropriate allegations or evidence demonstrating rights or legitimate interests in the domain name. If the respondent fails to come forward with such appropriate allegations or evidence, a complainant is generally deemed to have satisfied paragraph 4(a)(ii) of the UDRP.”  WIPO Overview 2.0, paragraph 2.1.\r\n\r\nAccordingly, as a result of Complainant’s allegations and without any evidence from Respondent to the contrary, the Panel is satisfied that Complainant has proven the second element of the Policy.\r\n",
    "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).\r\n\r\nComplainant states: \"The Respondent has directly purposed to the Complainant to sell them the disputed domain name by an unsolicited email...  Firstly, this element proves that the registrant had knowledge of the Complainant's company and trademarks at the moment of the registration. Thus, the domain name has been registered in bad faith. Secondly, this proposal also shows that the Respondent has registered the disputed domain name in order to make business about it by selling the domain to the best bidder. Past panel have held that the finding of bad faith could be supported by the fact that the Respondent offered the disputed domain name for sale to the Complainant by way of an unsolicited email. Thus, the domain name has been used in bad faith.\"\r\n\r\nComplainant further states: \"Moreover, the website in relation with the disputed domain name is still in parking page since its registration. This passive retention is also considered by Panels as a bad faith using of the domain name.\"\r\n\r\nAs set forth in the landmark decision Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003, a panel may find bad faith even in the event of \"passive holding\" of a domain name under certain circumstances. Here, the panel finds bad faith in light of the collective presence of the following: Complainant's long-standing rights in the relevant trademark, no evidence of any actual or contemplated good faith use presented by Respondent, the offer to sell the domain name (which, although it is unclear whether Respondent authorized the offer, Respondent has not refuted this assertion), and Respondent's use of a privacy service to conceal its identity.\r\n\r\n",
    "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": [
        "Douglas M. Isenberg"
    ],
    "date_of_panel_decision": "2014-04-14 00:00:00",
    "informal_english_translation": "Complainant states, and provides evidence to support, that it is the owner of a number of trademark registrations for KAUFMAN BROAD in France, including Reg. Nos. 736440 (registered March 24, 2000); 1505916 (registered February 14, 2000); and 99816493 (registered October 8, 1999).",
    "decision_domains": {
        "KAUFMANBROAD.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}