{
    "case_number": "CAC-UDRP-101963",
    "time_of_filling": "2018-04-20 09:51:27",
    "domain_names": [
        "eiderskiclothing.com"
    ],
    "case_administrator": "Sandra Lanczová (Case admin)",
    "complainant": [
        "MILLET MOUNTAIN GROUP"
    ],
    "complainant_representative": "Cabinet Germain & Maureau",
    "respondent": [
        "Tanner Wolf"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nCreated in France in 1921 by Marc Millet, Complainant is an adult clothing and mountain equipment company, covering trekking, mountaineering and skiing activities, using three different brands : LAFUMA, MILLET and EIDER. Each brand has its own website. \r\n\r\nThe Disputed domain name <eiderskiclothing.com> was registered by the Respondent identified as “Tanner Wolf” on March 24th 2017.  \r\nThe Disputed domain name points to an active website, where the Complainant’s trademark EIDER is reproduced.\r\n\r\nThe Complainant states that the Disputed domain name is confusingly similar to its trademarks EIDER and its domain names associated, because the Disputed domain name contains the Complainant’s registered trademark EIDER in its entirety. \r\n\r\nThe Complainant contends that the Disputed domain name only differs from the trademark EIDER by the addition of the generic words “SKI” and “CLOTHING”, which is related to the Complainant’s activity. The Complainant sells clothing and equipment for trekking, mountaineering and skiing activities. \r\n\r\nThe Complainant states that the Respondent is not known as “EIDERSKICLOTHING”, but as “Tanner Wolf”, and has not acquired trademarks rights on this term. \r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the Disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nNeither licence nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark EIDER, or apply for registration of the Disputed domain name by the Complainant.\r\n\r\nThe website displays the Complainant’s figurative trademarks, the products of the Complainant for sale. There is no disclaimer or any information explaining that the Respondent is not affiliated with the Complainant. The Respondent’s sole intention in registering the Disputed domain name must have been to benefit financially from the Complainant’s EIDER trademarks by pretending to be an official reseller of the Complainant’s products.\r\n\r\nThe Disputed domain name is not used or maintained in good faith and in connection with a bona fide offering of goods or services. The Complainant concludes that the Respondent has registered and is using the Disputed domain name in bad faith.\r\n\r\nGiven the distinctiveness of the Complainant's trademarks and the content of the website, Complainant states that the Respondent has registered the Disputed domain name with full knowledge of the Complainant's trademarks. The Complainant contends that the Respondent is attempting to pass itself off as the Complainant by using its registered trademarks EIDER in violation of Policy. \r\n\r\nThe Disputed domain name has also been registered in an effort to take advantage of the goodwill Complainant had built up in its EIDER trademarks, and to unduly benefit from creating a diversion of the internet users of the Complainant by pretending to be an official online partner of the Complainant.  Indeed, the Respondent is offering for sale the Complainant’s products and is displaying the figurative trademark of the Complainant.\r\n\r\nThe Complainant also contends that the Respondent is found to have used the Disputed domain name intentionally to attract visitors for commercial gain by confusion with the Complainant’s trademarks, and to have made the registration with that intention, constituting registration and use in bad faith. ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the Disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "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).",
    "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 disputed 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 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": [
        "Jan Christian Schnedler, LL.M."
    ],
    "date_of_panel_decision": "2018-05-15 00:00:00",
    "informal_english_translation": "The Complainant owns several trademarks including the following registrations: \r\n\r\n-\tFrench registration EIDER n° 1325492 registered since September 30th 1985;\r\n-\tFrench registration EIDER no. 96612536 registered since Februar 20th 1996;\r\n-\tEuropean registration EIDER no. 003312972 registered since August 1st 2003.\r\n\r\nMILLET MOUNTAIN GROUP SAS is also the owner of domain names, including the same wording EIDER, such as <eider.fr> registered since January 29, 1998.\r\n",
    "decision_domains": {
        "EIDERSKICLOTHING.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}