{ "case_number": "CAC-UDRP-102059", "time_of_filling": "2018-06-20 09:13:52", "domain_names": [ "beau-cointreau.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "COINTREAU" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "Robert Brownsword" ], "respondent_representative": null, "factual_background": "The Complainant was founded in 1849 in Angers by Adolphe Cointreau, a confectioner, and his brother Edouard-Jean Cointreau. It produces a liqueur made of orange peels. Nowadays, the Complainant is a branch of the company REMY COINTREAU, and is known worldwide. \r\n\r\nThe Complainant is the registered proprietor of the international trademark COINTREAU n°224329 registered and renewed since October 2, 1959 and the trademark COINTREAU n°143704 registered and renewed since October 31, 1949.\r\n\r\nThe Complainant is the registrant of the domain name (registered on October 11, 1995), which it uses for its main website. It has also registered other domain names similar to the trademark COINTREAU such as (registered on December 11, 2001).\r\n\r\nThe disputed domain name (\"the Domain Name\") was registered on May 25, 2018. It resolves to a parking page with commercial links related to the Complainant and its products. ", "other_legal_proceedings": "There are no other legal proceedings related to the disputed domain name. ", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends the Domain Name is confusingly similar to its COINTREAU trademarks and that the Respondent has no rights or legitimate interests with respect to the Domain Name, which was registered and is being used in bad faith. \r\n\r\nAs to confusing similarity, the Domain Name includes the trademark COINTREAU in its entirety and the addition of the generic term “BEAU” (French for “beautiful”) is not sufficient to escape the finding that the Domain Name is confusingly similar to the trademark. On the contrary, the addition of a French word contributes to confusion as COINTREAU is a French well-known trademark and company. \r\n\r\nAs to legitimacy, the Respondent is not related in any way to the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither licence nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark COINTREAU, nor to apply for registration of the Domain Name, which, since registration, resolves to a parking page with commercial links related to the Complainant. That is not a legitimate non-commercial or fair use of the Domain Name. Thus, the Respondent has registered the Domain Name in order to attract, for commercial gain, Internet users to his website by creating a likelihood of confusion with the Complainant’s trademark.\r\n\r\nAs to bad faith registration and use, the Complainant's trademark COINTREAU is distinctive and well-known worldwide. It is reasonable to infer that the Respondent registered the Domain Name with full knowledge of the Complainant's trademarks. Therefore, it seems impossible to conceive that the Respondent could use the Domain Name without infringing those trademarks because the Domain Name is too connected with them. The website in connexion with the Domain Name is on a registrar parking page with commercial links related to the Complainant and its products. The Respondent has attempted to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademark COINTREAU, which is evidence of bad faith. \r\n\r\nRESPONDENT:\r\n\r\nThe Respondent says he purchased the Domain Name on or about 25 May 2018 while in Africa. \"Beau Cointreau\" is a combination of ancestral family names the Respondent uses for his own purposes. The Respondent does not know the Complainant or its industry. It isn't [sic] impossible for the Respondent to monitor what others do in the EU. He is in the United States. It seems to him that the issue should lie with the Registrar.\r\n\r\nThe Respondent is however willing to modify the naming convention to deconflict it with all possible variations the Complainant has already purchased, so long as it does not negate his use of \"Beau Cointreau,\" a thematically distinctive and completely different field.\r\n\r\n\"Beau Cointreau\" is the Respondent's literary pen name. There will be no conflict with the use of this name and the Complainant. \r\n\r\nThe Domain Name is neither identical nor confusingly similar to the protected mark because of the Complainant’s failure to meet the required standard of proof. The Respondent has rights and\/or legitimate interest in the Domain Name by reason of legitimate non-commercial or fair use of the Domain Name, without intent for commercial gain. Further, there can be more than one Cointreau on planet earth as long as naming convention, logo and business are thematically and distinctively different. The Complainant does not appear to own the specific name \"Beau Cointreau\", or \"Beau-Cointreau.com\", as of 25 May 2018.\r\n\r\nThe Respondent says he is willing to work with the Complainant, is not trying to be belligerent and is a good neighbor with no ill intent. There is no theft of intellectual property on either side of the argument. ", "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": [ "Alan Limbury" ], "date_of_panel_decision": "2018-07-19 00:00:00", "informal_english_translation": "International trademark COINTREAU n°224329 registered and renewed since October 2, 1959 and the trademark COINTREAU n°143704 registered and renewed since October 31, 1949. ", "decision_domains": { "BEAU-COINTREAU.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }