{
    "case_number": "CAC-UDRP-102314",
    "time_of_filling": "2019-01-23 10:15:45",
    "domain_names": [
        "wwwshowroomprive.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "SHOWROOMPRIVE.COM"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Super Privacy Service LTD c\/o Dynadot"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nSHOWROOMPRIVE.COM was created in 2006. It is an innovative European player in the online private sales. \r\n\r\nThe Complainant offers a daily selection of more than 2,000 brand partners on its mobile apps or online through its main website <www.showroomprive.com> in France and nine other countries.\r\n\r\nIt is listed on the Euronext Paris, and reported gross turnover of over 900 million euros in 2017, corresponding to net revenues of 655 million euros, 18% of its internet revenues in international markets.",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings relating to the disputed domain name.  ",
    "no_response_filed": "Any administratively compliant Response has not been filed.\r\n\r\n\r\nCOMPLAINANTS' CONTENTIONS:\r\n\r\n\r\nI.   The Complainant states that the disputed domain name <wwwshowroomprive.com> is confusingly similar to its trademarks SHOWROOMPRIVE.COM® while the trademark is included in its entirety in the disputed domain name (Paragraph 4(a)(i) of the Policy). \r\n\r\nThe Complainant claims that the addition of the letters “WWW” (an abbreviation for “World Wide Web”) to the trademark of the Complainant is not sufficient to avoid the likelihood of confusion with the Complainant’s trademark and that addition of the letters “www” to the beginning of a disputed domain name does not distinguish the domain name of Complainant. \r\n\r\nThe Complainant recalled the FORUM Case No. FA 1714579, Citizens Financial Group, Inc. v. Paul Taylor.\r\n\r\n\r\nII.    The Complainant states that The Respondent does not have any rights or legitimate interest in the disputed domain name (Paragraph 4(a)(ii) of the Policy). \r\nThe Complainant asserts that the Respondent is not known as the disputed domain name because the Respondent is not commonly known by a disputed domain name. The Whois information about the Respondent is not similar to the disputed domain name, it is not related in any way with the Complainant, the Complainant does not carry out any activity for, nor has any business with the Respondent, it has been granted neither license nor authorization to the Respondent to make any use of the Complainant’s trademarks or apply for registration of the disputed domain name by the Complainant. Moreover, the disputed domain name redirects to a parking page with pay-per-click links related to the Complainant and its activities. This use of a parking page may not be considered a bona fide offering of goods or services or legitimate noncommercial or fair use. \r\n\r\nThe Complainant recalled the \r\nWIPO Case No. D2003-0455, Croatia Airlines d .d. v. Modern Empire Internet Ltd., \r\nFORUM Case No. FA 1781783, Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II v. Chad Moston \/ Elite Media Group, \r\nFORUM Case No. FA 699652, the Braun Corporation v. Wayne Loney, \r\nFORUM Case No. FA 1770024, Samuel J. McRoberts v. DOMAIN ADMINISTRATOR \/ NAME ADMINISTRATION INC., \r\nCAC Case No. 102001, Intesa Sanpaolo S.p.A. v. Ciro Migliaccio.\r\n\r\n\r\nIII. The Complainant states that the disputed domain name has been registered and is being used in bad faith (Paragraph 4(b) of the Policy).\r\n\r\nThe Complainant contended the distinctiveness of its trademarks and undisputed reputation as well its registered domain name, so that it is likely that 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\r\nThe Complainant recalled the \r\nWIPO Case D2004-0673 - Ferrari S.p.A v. American Entertainment Group Inc., \r\nWIPO Case No. D2018-0564, Dubizzle Limited BVI v. Syed Waqas Baqir, \r\nWIPO Case No. D2018-0497, StudioCanal v. Registration Private, Domains By Proxy, LLC \/ Sudjam Admin, Sudjam LLC), NAF Case No. FA 1781783, Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II v. Chad Moston \/ Elite Media Group, \r\nFORUM Case No. FA 699652, the Braun Corporation v. Wayne Loney, \r\nFORUM case No. FA 1770024, Samuel J. McRoberts v. DOMAIN ADMINISTRATOR \/ NAME ADMINISTRATION INC., \r\nCAC Case No. 102001, Intesa Sanpaolo S.p.A. v. Ciro Migliaccio, \r\nCAC Case No. 102109, SHOWROOMPRIVE.COM v. Domain Privacy Guard Sociedad Anónima Ltd, \r\nWIPO Case No. D2018-0564, Dubizzle Limited BVI v. Syed Waqas Baqir,\r\nWIPO Case No. D2018-0497, StudioCanal v. Registration Private, Domains By Proxy, LLC \/ Sudjam Admin, Sudjam LLC.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": [
        "JUDr. Vojtěch Trapl"
    ],
    "date_of_panel_decision": "2019-02-22 00:00:00",
    "informal_english_translation": "The Complainant is among others the owner of the trademarks as follows:\r\n\r\n- French trademark SHOWROOMPRIVE® No. 3494511 registered on April 13, 2007;\r\n- European trademark SHOWROOMPRIVE.COM® No. 5761374 registered since March 5, 2007;\r\n- European trademark SHOWROOMPRIVE.COM® No. 11008257, registered since July 2, 2012.\r\n\r\nThe Complainant owns the domain name <showroomprive.com> registered on April 27, 2006.\r\n\r\nThe disputed domain name <wwwshowroomprive.com> was registered on December 31, 2018 and resolves to a parking page with pay-per-click links related to the Complainant and its activities.\r\n\r\n",
    "decision_domains": {
        "WWWSHOWROOMPRIVE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}