{
    "case_number": "CAC-UDRP-103025",
    "time_of_filling": "2020-04-27 09:51:57",
    "domain_names": [
        "kaufmanbroad.site"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "KAUFMAN & BROAD EUROPE"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Maie Poirier"
    ],
    "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\nThe Complainant states that created in 1968, KAUFMAN & BROAD is a real estate development and construction company headquartered in Neuilly-sur-Seine, France. The Complainant has designed, developed, built and sold residential apartments, individual houses, managed residences, shops, business premises and office buildings.\r\n\r\nKAUFMAN & BROAD is one of the first French Developer-Builders by the combination of its size, its profitability and the power of its brand.\r\n\r\nIn addition to trademarks the Complainant also owns many domain names that include the distinctive words \"KAUFMAN\" and \"BROAD\", such as <kaufmanbroad.com> and <kaufmanbroad.fr>.\r\n\r\nThe disputed domain name has been registered on April 8th, 2020 and points to a parking page.\r\n\r\nThe Complainant states that the disputed domain name is identical to its trademark “KAUFMAN BROAD”. \r\n\r\nThe disputed domain name contains the Complainant’s registered trademark in its entirety and without any additions. \r\nThe addition of the gTLD does not avoid the likelihood of confusion, because it does not change the overall impression of the designation as being connected to the trademark KAUFMAN BROAD.\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant alleges that the Respondent is not identified in the Whois database as the disputed domain name and thus the Respondent is not known as the disputed domain name. \r\nThe Complainant contends that the Respondent is not related in any way with the Complainant. \r\nThe Complainant does not carry out any activity for, nor has any business with the Respondent. \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. \r\nThe disputed domain name resolves to a parking page. \r\n\r\nTherefore, the Complainant contends that the Respondent did not make any use of disputed domain name since its registration, and it confirms that the Respondent has no demonstrable plan to use the disputed domain name. It demonstrates a lack of legitimate interests in respect of the disputed domain name. \r\n\r\nTHE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH\r\n\r\nThe Complainant claims that a Google search on the expression “KAUFMAN BROAD” displays several results, all of them being related to the Complainant and its related entity KAUFMAN & BROAD S.A. \r\n\r\nGiven the distinctiveness of the Complainant's trademark, the Complainant believes that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark, and therefore could not ignore the Complainant. \r\nThe disputed domain name resolves to a parking page and MX servers are configured. \r\n\r\nThe Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. \r\n\r\nBy registering the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his web site by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his web site and is therefore using the disputed domain name in bad faith. \r\n\r\n\r\n",
    "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": "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": "2020-05-25 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant states that it “owns several trademarks including the distinctive wordings \"KAUFMAN\" and \"BROAD” and specifically refers to the international trademark \"KAUFMAN BROAD\" (word and device) No.736440 registered since March 24, 2000 and the EU trademark \"KAUFMAN BROAD\" (word and device) No. 001505916 registered since May 23, 2001.",
    "decision_domains": {
        "KAUFMANBROAD.SITE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}