{
    "case_number": "CAC-UDRP-101746",
    "time_of_filling": "2017-12-28 09:52:36",
    "domain_names": [
        "plein2018.com"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "Philipp Plein"
    ],
    "complainant_representative": "Andrea Mascetti (Barzano & Zanardo Milano S.p.A.)",
    "respondent": [
        "Ylliass  Aaziz"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is the German fashion designer Philipp Plein.  He is the founder of the eponymous brand, which is well-known in the luxury fashion industry. \r\n\r\nThe Respondent is an individual based in France. \r\n\r\nThe disputed domain name was registered on 20 November 2017 through a privacy protection service.  It is currently not resolving, but was previously used to point to a website offering alleged Philipp Plein goods for sale and featuring the Complainant's trade marks in a prominent position. \r\n\r\nThe Complainant amended the Complaint following the disclosure of the Respondent's contact details.\r\n\r\nThe Respondent did not respond to the Complaint.",
    "other_legal_proceedings": "None that the Panel has been made aware of.",
    "no_response_filed": "Complainant\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant evidences the three trade mark rights listed in the \"Identification of Rights\" section above.  The Complainant submits that the disputed domain name is confusingly similar to his trade mark, incorporating the Complainant's trade mark in its entirety with the addition of the generic term \"2018\".  The Complainant also contends that the use of the .COM generic Top Level Domain (gTLD) does not prevent the likelihood of confusion between the disputed domain name and the Complainant’s trade mark.\r\n\r\nThe Complainant argues that the use of the descriptive term \"2018\" in fact reinforces the confusion with the Complainant's trade mark, as it could be easily perceived as the year of the Complainant's collection. \r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant underlines that it is required to make out prima-facie case that a respondent lacks rights or legitimate interests and the burden of proof then shifts to the respondent to rebut the complainant’s prima-facie case.\r\n\r\nThe Complainant submits that the Respondent is not an authorized dealer, agent, distributor, wholesaler or retailer of the Complainant. To the best of the Complainant's knowledge, the Respondent is not commonly known by the disputed domain name, nor does it own any Philipp Plein formative trade marks.\r\n\r\nSince the disputed domain name previously used to resolve to a website offering discounted alleged Philipp Plein goods for sale, the Complainant contends that the Respondent was using the disputed domain name to promote his own website as an official online point of sale of the Complainant, which should not be considered as a legitimate non-commercial or fair use of the domain name, nor a bona fide offering of goods or services.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as registration in bad faith is concerned, the Complainant contends that the Respondent could not ignore the existence of the Philipp Plein trade mark at the time of the registration of the disputed domain name, notably given the Complainant's reputation in France (where the Respondent is based) as well as the nature of the disputed domain name (consisting of the Complainant's trade mark plus the addition of the generic term \"2018\") and of the website content (reproducing the Complainant's trade mark and the names of official Philipp Plein garments).  Furthermore, the Complainant submits that the disputed domain name was registered long after the filing\/registration of the Complainant's trade marks. \r\n\r\nWith regard to use in bad faith, the Complainant argues that the current passive holding of the disputed domain name constitutes use in bad faith, and also cites the following circumstances:\r\n\r\ni.\tThe Complainant has a distinctive trade mark which is well-known worldwide;\r\n\r\nii.\tThe Complainant's trade marks are registered worldwide, including in France;\r\n\r\niii.\tThe nature of the disputed domain name (PLEIN combined with the date \"2018\") is indicative of the Respondent's intent to mislead internet users to think that the domain name is somehow connected to the next Philipp Plein collection;\r\n\r\niv.\tThe previous pointing of the disputed domain name to a website offering for sale alleged Philipp Plein items using the original names of the relevant garments and featuring the Complainant's trade marks in a prominent position strongly indicates the Respondent's intention to mislead internet users and exploit the Complainant's trade marks for commercial gain; and \r\n\r\nv.\tThe confidential information shared by consumers when purchasing the goods offered for sale may be stolen and used fraudulently by the Respondent.\r\n\r\nRespondent\r\n\r\nThe Respondent did not respond to the Complaint.",
    "rights": "The Complainant has shown, to the satisfaction of the Panel, 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 Policy). ",
    "no_rights_or_legitimate_interests": "The Complainant has shown, to the satisfaction of the Panel, 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 Policy). ",
    "bad_faith": "The Complainant has shown, to the satisfaction of the Panel, that 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).",
    "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": [
        "Jane Seager"
    ],
    "date_of_panel_decision": "2018-02-12 00:00:00",
    "informal_english_translation": "The Complainant has supplied evidence that he is the owner of the following trade mark rights:\r\n\r\n- PP (device), US Registration No. 4181456, filed on 5 October 2011 and registered on 31 July 2012, for goods in classes 3, 14, 18, 20, 21, 24, 25 and 28;\r\n\r\n- Philipp Plein, US Registration No. 4918695, filed on 3 March 2014 and registered on 15 March 2016, for goods in classes 3, 14, 21, 24 and 28; and\r\n\r\n- Plein, EU Registration No. 010744837, filed on 21 March 2012 and registered on 1 August 2012, for goods in classes 3, 14, 18, 20, 21, 24, 25 and 28.",
    "decision_domains": {
        "PLEIN2018.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}