{
    "case_number": "CAC-UDRP-103468",
    "time_of_filling": "2020-12-18 09:32:24",
    "domain_names": [
        "schniederelec.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "SCHNEIDER ELECTRIC SE"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "GAME Boy"
    ],
    "respondent_representative": null,
    "factual_background": "According to the evidence submitted by Complainant, Complainant is a French industrial group founded in 1871 with an international dimension, which manufactures and offers products of power management. \r\n\r\nThe disputed domain name <schniederelect.com> was registered on 1 September 2020 and is held by Respondent.\r\n\r\nAccording to the information provided by Complainant the disputed domain name does not resolve to an active website.   \r\n\r\nThe trademark registration of Complainant has been issued prior to the registration of the disputed domain name.\r\n\r\nAccording to Complainant the disputed domain name is confusingly similar to Complainant's trademark. Complainant asserts that this is a clear case of typosquatting, as the disputed domain name contains an obvious misspelling of Complainant’s trademark.\r\n\r\nComplainant contends that Respondent has no rights or legitimate interests in respect of the disputed domain name. Complainant does not carry out any activity for, nor has any business with Respondent. Neither license nor authorization has been granted to Respondent to make any use of Complainant’s trademark SCHNEIDER ELECTRIC, or apply for registration of the disputed domain name by Complainant. Complainant also claims that the disputed domain name is a typosquatted version of the trademark SCHNEIDER ELECTRIC. Typosquatting is the practice of registering a domain name in an attempt to take advantage of Internet users’ typographical errors and can be evidence that a respondent lacks rights and legitimate interests in the domain name. Finally, the website in relation with the disputed domain name <schniederelec.com> is not used or did not make any use of disputed domain name since its registration, and confirms that Respondent has no demonstrable plan to use the disputed domain name since its registration. Past panels have held that the lack of use of a domain name is considered as an important indicator of the absence of legitimate interests by Respondent.\r\n\r\nAccording to Complainant the disputed domain name is registered and is being used in bad faith. The misspelling of Complainant’s trademark in the disputed domain name is a proof of bad faith. Complainant contends that Respondent has knowledge of Complainant’s rights prior to the registration of the disputed domain name, which is a hallmark of bad faith. Moreover, the disputed domain name does not resolve to an active website. Complainant contends that 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 domain name by Respondent that would not be illegitimate. As prior panels have held, the incorporation of a famous mark into a domain name, coupled with an inactive website, is evidence of bad faith registration and use.\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",
    "rights": "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 Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "Complainant has, to the satisfaction of the Panel, shown 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": "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": [
        "Dinant T.L. Oosterbaan"
    ],
    "date_of_panel_decision": "2021-01-14 00:00:00",
    "informal_english_translation": "According to the evidence submitted by Complainant, Complainant is the owner of the international trademark nr. 715395 SCHNEIDER ELECTRIC registered on 15 March 1999. ",
    "decision_domains": {
        "SCHNIEDERELEC.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}