{
    "case_number": "CAC-UDRP-102668",
    "time_of_filling": "2019-09-10 16:28:59",
    "domain_names": [
        "salomonargentina.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "SALOMON"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "See PrivacyGuardian.org"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a French based company active in the field of sports equipment manufacturing. The Company was created on 1947 by the Salomon's family in Annecy, France.\r\n\r\nSalomon is active in more than 40 countries on five continents in the production and distribution of products for numerous sports, including trail running, hiking, climbing, adventure racing, skiing and snowboarding. \r\n\r\nThe Complainant is owner of various trademark registrations for the trademark SALOMON having effects in numerous countries and also owns the domain name <salomon.com> which host the Complainant's official website. \r\n\r\nThe disputed domain name <salomonargentina.com> was registered on December 6, 2018 and it is used in relation to a website displaying the Complainant's SALOMON trademark in relation to men and women footwear.  ",
    "other_legal_proceedings": "The Panel is not aware of pending or decided legal proceedings related to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nAs regards the First element of the Policy, the Complainant claims that the disputed domain name is confusingly similar to its prior trademarks SALOMON. The addition of the geographical term \"Argentina\" does not exclude the finding of confusing similarity for the purposes of the UDRP.\r\n\r\nFinally, the Complainant contends that TLD are disregarded when assessing confusingly similarity as they are considered as standard registration requirements.\r\n\r\nAs regards the Second element of the Policy, the Complainant denies that the Respondent has rights or legitimate interests in registering the disputed domain name. According to the Complainant, the information provided in the WHOIS exclude that the Respondent is known as the disputed domain name. Moreover, the Complainant denies to have authorized the Respondent to use the trademarks SALOMON or to apply for registration of the disputed domain name.\r\n\r\nMoreover, the current use of the disputed domain name does not amount to a bona fide offering of goods or services nor to a legitimate non-commercial or fair use. \r\n\r\nAs regards the Third and last element of the Policy, the Complainant supports that the Respondent was aware of its rights on the SALOMON trademark as the website to which the disputed domain name links contains several references to the Complainant's trademarks.\r\n\r\nThe Complainant concludes that the Respondent registered and used the disputed domain name in order to attract, for commercial gain, internet users to its website by creating a likelihood of confusion with the Complainant's trademark as to source, sponsorship, affiliation or endorsement.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNo administratively compliant Response has been submitted.  ",
    "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": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2019-10-18 00:00:00",
    "informal_english_translation": "The Complainant proved to be the owner of the following trademarks:\r\n\r\ni) International registration no. 375807 of November 24, 1970, in class 9, 12, 22, 25, 28 and 40;\r\nii) International registration no. 489108 of July 19, 1984, in class 6, 8, 9, 12, 16, 18, 34;\r\niii) International registration no. 526127 of March 22, 1988, in class 1, 2, 6, 7, 8, 9, 12, 16, 18, 25, 28, 35, 36\r\niv) International registration no. 940740, of June 8, 2007, in class 35.\r\n\r\nThe Complainant also proved to be the owner of the domain name <salomon.com> registered on January 10, 1995 which links to the Complainant's official website.  ",
    "decision_domains": {
        "SALOMONARGENTINA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}