{ "case_number": "CAC-UDRP-103200", "time_of_filling": "2020-07-28 09:56:09", "domain_names": [ "harcourt-studio.net", "studioharcourt.net" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "STUDIO HARCOURT" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "ProLight International Ltd" ], "respondent_representative": null, "factual_background": "The Complainant, STUDIO HARCOURT, claims to be a Parisian photography studio known in particular for its black and-white photographs of movie stars and celebrities. It has immortalized great personalities of the 20th century and continues to do so in the 21st century.\r\n\r\nThe Complainant asserts that the disputed domain names and have been registered on July 5, 2020 and redirect to a parking page with commercial links related to the Complainant’s activities.\r\n\r\nThe Respondent submits that it wants to keep these two domain names, that it has legitimate rights in relation to such, that there is no collusion between its company and studio based in Taiwan with STUDIO HARCOURT based in Paris, that STUDIO HARCOURT never had any activity and a registered trademark in Taiwan, that the commercial links put on and would have been put by and that there would be domain names on sale “(with affordable prices)” HARCOURT.NET, STUDIOHARCOURT.COM, HAROCURT.COM that might present interest for STUDIO HARCOURT.", "other_legal_proceedings": "The Panel is not aware of other pending or decided legal proceedings, which relate to the disputed domain names.", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant's contentions are the following:\r\n\r\nI. The domain name is \r\na. Identical\r\nb. Confusingly similar to the protected mark\r\n\r\n\r\nThe disputed domain names and are at least confusingly similar to its earlier international trademark registrations STUDIO HARCOURT and HARCOURT, (i) one - - containing its trademark STUDIO HARCOUR in its entirety, the only difference being that the two terms that composed the trademark being reversed, and the addition of a hyphen being insufficient to avoid confusing similarity, previous UDRP panels having found that reversal of elements as well as the addition of a hyphen does not prevent a finding of confusing similarity, and (ii) the second one is identical to the Complainant’s trademark STUDIO HARCOURT as this international trademark registration is included in its entirety, without any addition or removal.\r\n\r\nIn both cases, the addition of a TLD, like .NET does not add any distinctiveness to the disputed domain name. It was mentioned that, according to WIPO Overview 3.0, section 1.11 (“The applicable Top Level Domain (“TLD”) in a domain name (e.g., “.com”, “.club”, “.nyc”) is viewed as a standard registration requirement and as such is disregarded under the first element confusing similarity test.”).\r\n\r\nTherefore, the disputed domain names are confusingly similar to the Complainant’s trademarks STUDIO HARCOURT and HARCOURT. \r\n\r\n\r\nII. The Respondent does not have any rights or legitimate interest in the domain names\r\n\r\nCategories of issues involved: \r\n\r\na. Domain parking\r\n\r\nThe Complainant contends that the Respondent lacks rights or legitimate interests in the disputed domain names for a number of reasons.\r\n\r\nFirst, the Complainant asserts that the Respondent is not known as the disputed domain names in the Whois database, and has not acquired trademarks mark rights on this terms.\r\n\r\nThe Complainant further contends that the Respondent has no rights or legitimate interests in respect of the disputed domain names and he is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. \r\n\r\nNo licence nor authorization has been granted to the Respondent to make any use of the Complainant’s trademarks STUDIO HARCOURT or HARCOURT, or apply for registration of the disputed domain names by the Complainant.\r\nFurthermore, the Complainant contends that the disputed domain names resolve to a parking page with commercial links related to the Complainant’s activities. \r\n\r\nTherefore, the Respondent has no rights or legitimate interests to the disputed domain names.\r\n \r\n\r\nIII. The domain names has been registered and is being used in bad faith\r\n\r\nCategories of issues involved: \r\n\r\na. Constructive knowledge\/prior knowledge of potential rights\r\nb. Domain parking\r\nc. Attracting internet users for commercial gain by creating a likelihood of confusion with the Complainant\r\nd. The Complainant further argues that the disputed domain names have been registered and are used in bad faith.\r\n \r\n\r\nThe Complainant argued that the disputed domain names are at least confusingly similar to the well-known trademarks STUDIO HARCOURT and HARCOURT and that the Respondent has registered the disputed domain names many years after Complainant had established a strong reputation and goodwill in its mark. \r\n\r\nThe Complainant contends that a Google search on the term “STUDIO HARCOURT” provide several results, all of them being related to the Complainant. Before this registration, the Respondent could have done a simple Google search and would have found the existence of the Complainant's trademark.\r\n\r\nThere, the Respondent could not have ignored the Complainant’s trademarks STUDIO HARCOURT and HARCOURT at the moment of the registration of the disputed domain names.\r\n\r\nFurthermore, the disputed domain names resolve to a parking page with commercial links related to the Complainant’s activities. The Complainant contends the Respondent has attempt to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is an evidence of bad faith. \r\n\r\nFinally, the same Respondent, is involved in an other UDRP case No. 103143 as it is registered as the Registrant of the domain names and which evidences bad faith. \r\n\r\nOn these bases, the Complainant asserts that the Respondent has registered and is using the disputed domain names in bad faith. \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent responded in that it wants to keep these two domain names, that it has legitimate rights in relation to such, that there is no collusion between its company and studio based in Taiwan with STUDIO HARCOURT based in Paris, that STUDIO HARCOURT never had any activity and a registered trademark in Taiwan, that the commercial links put on and would have been put by and that there would be domain names on sale “(with affordable prices)” , , that might present interest for STUDIO HARCOURT. \r\n", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 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": [ "Delia-Mihaela Belciu" ], "date_of_panel_decision": "2020-09-18 00:00:00", "informal_english_translation": "The Complainant bases its Complaint on the international trademarks no°451329 and no°451330, both registered on March 24, 1980.\r\n\r\nThe Complainant also owns several domain names comprising the trademark , such as the domain name , registered since December 2, 2007. \r\n", "decision_domains": { "HARCOURT-STUDIO.NET": "TRANSFERRED", "STUDIOHARCOURT.NET": "TRANSFERRED" }, "panelist": null, "panellists_text": null }