{
    "case_number": "CAC-UDRP-103072",
    "time_of_filling": "2020-05-22 10:40:58",
    "domain_names": [
        "remymartinlastre.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "E. REMY MARTIN & C°"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Cyan Yo"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT\r\n\r\nFounded in 1724, E. REMY MARTIN & C° is a France based company and a branch of the REMY COINTREAU Group engaged in producing and distributing alcoholic beverages worldwide.\r\n\r\nAccording to the information made available by the Complainant, the E. REMY MARTIN & C° company is specialized in the production of premium quality cognacs and the REMY MARTIN trademark is used to designate all the different products of the collection which are: REMY MARTIN VSOP, REMY MARTIN XO, REMY MARTIN 1738 ACCORD ROYAL, REMY MARTIN CLUB, REMY MARTIN CENTAURE, LOUIS XIII DE REMY MARTIN.\r\n\r\nThe Complainant also informs that today, REMY MARTIN is one of the most popular cognac brand in the world and a symbol of the French lifestyle all around the world. \r\n\r\nThe Complainant has shown that the trademark REMY MARTIN enjoys of reputation and has also an important tradition since it was officially registered by the Complainant for the first time in France in 1877.\r\n\r\nThe Complainant, at present time, is the owner of numerous trademark registrations for REMY MARTIN, in particular said trademark appears to be protected in France, in the United States of America and in many other countries of the world through different International registrations.  In addition the Complainant owns trademark applications in France and in the United States of America for REMY MARTIN L'ASTRE.\r\n\r\nFurthermore, the Complainant also owns a number of domain names containing the wording REMY MARTIN such as <remymartin.com> registered on 1997 while the Respondent registered the disputed domain name <remymartinlastre.com> on May 9, 2020.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to the Complainant’s REMY MARTIN mark since the disputed domain name wholly incorporates the mark, simply adding to it the generic term LASTRE which clearly refers to the new trademark (REMY MARTIN L'ASTRE) filed by the Complainant a few days before the registration of the domain name in dispute.\r\n\r\nIn addition, the Complainant believes that the Respondent has no rights or legitimate interests in respect of the disputed domain name since the Complainant has never granted the Respondent any authorization, consent, right or license to use the trademark REMY MARTIN within the disputed domain name and due to the fact that the Respondent is not affiliated with the Complainant in any way. The Complainant also assumes that the Respondent is not commonly known by the name REMY MARTIN.\r\n\r\nThe Complainant notes that the Respondent has associated the disputed domain name <remymartinlastre.com> with a website which resolves to a parking page displaying a general offer to sell the domain for 990 USD.  Therefore, the Complainant contends that the Respondent has registered the disputed domain name only in order to sell it back for out-of-pockets costs, which evince bad faith registration and use.\r\n\r\n ",
    "other_legal_proceedings": "The Panel is not aware of any other proceedings, pending or decided, 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": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2020-06-23 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks. In particular, E. REMY MARTIN & C° owns:\r\n\r\n- US trademark REMY MARTIN n. 749501 registered on May 14, 1963 and duly renewed for class 33.\r\n- International trademark REMY MARTIN n. 236184 registered on October 1, 1960 and duly renewed for class 33.\r\n- International trademark REMY-MARTIN n. 457204 registered on December 16, 1980 and duly renewed for classes 32 and 33.\r\n- International trademark REMY MARTIN n. 508092 registered on December 1, 1986 and duly renewed for classes 32 and 33.\r\n- International trademark REMY MARTIN n. 1021309 registered on September 18, 2009 and  duly renewed for classes 29, 30, 35, 41 and 43.\r\n- French trademark application REMY MARTIN L'ASTRE n. 4635979 filed on March 31, 2020 for class 33.\r\n- US trademark application REMY MARTIN L'ASTRE n. 88902780 filed on May 9, 2020 for class 33.  ",
    "decision_domains": {
        "REMYMARTINLASTRE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}