{ "case_number": "CAC-UDRP-102540", "time_of_filling": "2019-07-02 15:54:27", "domain_names": [ "balenciagasfrance.com", "balenciaga-uk.com", "balenciagascarpeit.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BALENCIAGA SA" ], "complainant_representative": "INSIDERS", "respondent": [ "Angela J. Green" ], "respondent_representative": null, "factual_background": "BALENCIAGA SA is a well-known company, founded in June 1937, and today is present in over 90 countries all over the world, where it promotes and offers for sale its products under the trade mark BALENCIAGA in both physical, bricks and mortar, boutiques and online at the website www.balenciaga.com, registered as a domain name in 1999. \r\n\r\nThe Disputed Domain Names were registered on 6 February 2018. The registrant is a US national. \r\n\r\nBalenciagasfrance.com was the subject of a Takedown Notice to the Internet Service Provider on 29 May 2019 and again on 5 June 2019. \r\n\r\nA Cease and Desist Notice was given to the Respondent on 6 June 2019. \r\n\r\nFrom 7 June 2019 and for several days thereafter, that domain was suspended, however, on 19 June 2019, that website resumed its activity and it and the others all remain fully active as at 6 August 2019. ", "other_legal_proceedings": "There are no other proceedings the Panel is aware of. ", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n1.The Disputed Domain Names are confusingly similar to the protected mark as follows: \r\n\r\na. ; by the addition of the letter “s” and a geographical term; \r\nb. , the addition of the “-uk,”, a geographical term; and\r\nc. , the addition of a generic term, word “scarpe”(“shoes” in Italian) plus “it”, a geographical term. \r\n\r\nAll three Disputed Domain Names contain in its entirety the word mark “BALENCIAGA“. \r\n\r\n\r\nIn BALENCIAGA is followed by “s” which probably is meant to indicate the plural, namely that multiple BALENCIAGA goods are offered for sale on the website. That with the word “france” indicates the country targeted by that domain. In , the “-uk” addition also serves to identify the targeted country. In the final “it” and the word “scarpe” both suggest the domain is intended for Italian audience, interested in shoes. These simple additions do not validly distinguish the registered mark and so create a strong likelihood of confusion among the public.\r\n\r\n\r\n2.The Respondent lacks rights or legitimate interests in the Disputed Domain Names and is engaged in the diversion of consumers and trade mark tarnishment. \r\n\r\nThe Respondent is not affiliated with the Complainant in any way and was not authorized by BALENCIAGA SA to use the registered BALENCIAGA mark. The Respondent has no legitimate interest in the Disputed Domain Names since the WHOIS records show no business name that might justify an interest in the Disputed Domain Names. The Respondent is not an authorized BALENCIAGA retailer, nor are they commonly known by the Disputed Domain Names.\r\n\r\n\r\n3.The Disputed Domain Names have been registered in, and are being used in, bad faith.\r\n\r\nThe Respondent obviously knows of the BALENCIAGA brand and its products. The websites to which all the Disputed Domain Names resolve are designed to create the appearance of connection with BALENCIAGA. Therefore, the Respondent intentionally attracts potential BALENCIAGA clients by creating a likelihood of confusion with the brand BALENCIAGA. The websites display BALENCIAGA products and logo (both on the websites and as favicon) whereas BALENCIAGA clients are aware that the brand’s products can be bought online. The Respondent therefore put themselves in a perfect position to exploit BALENCIAGA’s popularity, fame and reputation for their own gain.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n", "rights": "The Complainant has, to the satisfaction of the Panel, shown the Disputed Domain Names are identical or confusingly similar to a trade mark 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 Names (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 Names have been registered and are 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": [ "Victoria McEvedy" ], "date_of_panel_decision": "2019-08-07 00:00:00", "informal_english_translation": "The word mark BALENCIAGA is registered in class 25 (clothing) as both an international trade mark, number: 397506, and a European Union trade mark, number 11865805, registered in 2013 in classes 9, 14, 18, 25, 35. The word mark, BALENCIAGA, is also registered in the United States where the Respondent resides, according to the WHOIS information, as number 1018311 in class 25 for clothes, including shoes. \r\n\r\nThe Panel visited TM view on 6 August 2019 and it confirmed that the Complainant, also has many registered national marks worldwide including the distinctive and dominant element being the word mark. The Complainant also has unregistered rights arising from its use in trade of the word mark BALENCIAGA in jurisdictions that recognise unregistered rights\r\n\r\nThe BALENCIAGA mark is a well-known or famous trade mark. \r\n", "decision_domains": { "BALENCIAGASFRANCE.COM": "TRANSFERRED", "BALENCIAGA-UK.COM": "TRANSFERRED", "BALENCIAGASCARPEIT.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }