{
    "case_number": "CAC-UDRP-102122",
    "time_of_filling": "2018-08-07 09:18:17",
    "domain_names": [
        "sandro.online"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "SANDRO ANDY"
    ],
    "complainant_representative": "Nameshield (Daria Baskova)",
    "respondent": [
        "SAEED  HASSAN"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nCreated in 1984, the Complainant is a French company in the fashion industry. It is a part of the SMCP group. The Complainant's fashion articles for women sold since 1984 and for men - since 2007 in France and other countries around the world. The Complainant states that it has 593 points of sale in 37 countries.\r\n\r\nThe Complainant owns international trademark registrations for the wording “SANDRO”, such as the trademark No. 827287 and the trademark No. 1371455 and owns an important domain names portfolio, including the same word SANDRO such as the domain name <sandro-paris.com>, registered since September 25, 2003 and <sandro.fr> registered since September 16, 2002. \r\n\r\nThe disputed domain name was registered on July 18, 2018 and it resolves to the parking page with pay-per-click links. \r\n\r\nThe Complainant states that the disputed domain name is identical to its SANDRO trademark since it includes the Complainant's trademark in its entirety and without any adjunction of letter or word.\r\n\r\nThe Complainant contends that the addition of the suffix “.online” is not sufficient to escape the finding that the domain names is identical to the Complainant's trademark and does not change the overall impression of the designation as being connected to the trademark of the Complainant.\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Respondent is not related in any way with the Complainant.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark, or apply for registration of the disputed domain name. According to the Complainant, the Respondent is not using the domain in connection with a bona fide offering of goods or services, or a legitimate non-commercial or fair use. The Complainant states that the Respondent uses the disputed domain name for a parking page with third party pay- per-click links that divert traffic to third-party websites not related to Complainant. The Complainant also notes that there is no evidence that the Respondent has used, or has made any demonstrable preparations to use, the disputed domain name in connection with a bona fide offering of goods or services or for non-commercial or fair use purposes.\r\n\r\nTHE DISPUTED DOMAIN NAME WAS REGISTERED AND IS BEING USED IN BAD FAITH\r\n\r\nThe Complainant claims that its SANDRO brand shows growth and worldwide recognition, driven by very dynamic trends internationally and a solid acceleration in digital based on the second quarter’s report for 2018. Over the last twelve months, SANDRO opened 33 directly operated stores including key locations like Stockholm (Sweden), Miami (United States), Zhengzhou (China) and Dubai (United Arab Emirates). \r\n\r\nAccording to the Complainant, the choice of the new gTLD extension “.online” is even likely to increase the likelihood of confusion with the Complainant’s trademark, since it suggests that the disputed domain name leads to the official website or online marketplace for goods marketed by the Complainant. \r\n\r\nThe Complainant states that given the Complainant's trademarks and reputation, the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademarks and uses it for the purpose of misleading and diverting Internet traffic. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings 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": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2018-09-11 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant relies on the following trademarks:\r\n\r\n- SANDRO (word), International Trademark Registration No. 827287, registered on March 4, 2004;\r\n- SANDRO (figurative) International Trademark Registration No. 1371455, registered in July 20, 2017.\r\n",
    "decision_domains": {
        "SANDRO.ONLINE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}