{
    "case_number": "CAC-UDRP-102311",
    "time_of_filling": "2019-01-21 09:51:18",
    "domain_names": [
        "SANDROONLINESHOP.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "SANDRO ANDY"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Lucy  Barton"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a French company operating in the fashion industry, which was created in 1984 and is part of the SMCP group. \r\n\r\nThe first SANDRO retail store was opened in Paris in 2004 and, today, the Complainant has 593 points of sale in 37 countries. The Complainant’s digital sales reached 10% of the income of the SMCP group by 2016. \r\n\r\nThe disputed domain name <SANDROONLINESHOP.COM> was registered on February 16, 2018 and is pointed to a website offering for sale purported SANDRO products along with competitors’ ones.",
    "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": "PARTIES' CONTENTIONS\r\n\r\nCOMPLAINANT\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark, as it includes the trademark SANDRO in its entirety with the addition of other generic or descriptive terms and of the gTLD suffix “.COM”, which does not prevent a finding of confusing similarity under the first element. \r\n\r\nThe Complainant submits that the Respondent has no rights or legitimate interests in respect of the disputed domain name because:\r\n\r\ni) the Respondent is not affiliated with nor authorized by the Complainant in any way and does not carry out any activity for, nor has any business with the Respondent;\r\n\r\nii) the Complainant has not granted any license or authorization the Respondent to make any use of the Complainant’s trademark SANDRO, or apply for registration of the disputed domain name;\r\n\r\niii) the Respondent does not meet the conditions set forth in the decision Oki Data Americas, Inc. v. ASD, Inc. WIPO Case No. D2001–0903 for an entity’s offer to be regarded as a bona fide offering of goods or services within the meaning of paragraph 4(c) of the Policy, as the Respondent has built a website at the disputed domain name which is very similar to the Complainant’s one, displaying the SANDRO trademark and selling products identical to the ones of the Complainant in order to mislead consumers. Therefore, the Complainant claims that, by using the disputed domain name, the Respondent intended to create a likelihood a confusion in the Internet users’ mind. The Complainant further notes that the website also sells products from Complainant’s competitors.\r\n\r\nThe Complainant states that the Respondent registered and is using the disputed domain name in bad faith since the Respondent registered the disputed domain name with knowledge of the Complainant's rights, as the disputed domain name is confusingly similar to the Complainant’s prior registered and well-known trademark SANDRO and the corresponding website clearly makes reference to the Complainant’s trademark. \r\n\r\nThe Complainant also asserts that the Respondent, by registering and using the disputed domain name incorporating the Complainants' well-known trademark SANDRO along with generic terms related to the Complainants business activity, tried to mislead Internet users and consumers, for commercial gain, into thinking that the website at the disputed domain name is, in some way or another, connected to, sponsored by or affiliated with the Complainant and its business. \r\n\r\n \r\nRESPONDENT\r\n\r\nThe Respondent did not reply to the Complainant’s contentions.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown that 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 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": [
        "Luca Barbero"
    ],
    "date_of_panel_decision": "2019-03-04 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademark registrations for SANDRO, including the following:\r\n\r\n- International trademark registration Nos. 827287 for SANDRO (word mark), registered on March 4, 2004 in classes 03, 09, 14, 16, 18, 21, 24, 25, 26, 27 and 34; 1371455 for SANDRO (figurative mark) registered on July 20, 2017 in classes 03, 09, 14, 18 and 25;\r\n\r\n- European Union trademark registration No. 8772568 for SANDRO (word mark), registered on July 27, 2010 in classes 14, 18 and 25;\r\n\r\n- French trademark No. 3244120 for SANDRO (word mark), registered on September 4, 2003 in classes 03, 09, 14, 16, 18, 21, 24, 25, 26, 27 and 34.\r\n\r\nThe Complainant is also the owner of several domain names including the trademark SANDRO, such as <sandro-paris.com>, registered on September 25, 2003, and <sandro.fr>, registered on September 16, 2002.\r\n",
    "decision_domains": {
        "SANDROONLINESHOP.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}