{
    "case_number": "CAC-UDRP-103721",
    "time_of_filling": "2021-04-09 09:17:54",
    "domain_names": [
        "printempes.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "PRINTEMPS"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Product Development"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a group company founded in 1865 and is one of France’s leaders in the fashion, luxury and beauty sectors with 19 fully owned and operated department stores in France. The Complainant also holds leading e-commerce websites such as citadium.com, Place des Tendances and Made In Design. In 2018, the Complaint achieved turnover of 1.7 billion Euros with more than 3,500 brands and a total surface area of 180,000 m2.\r\n\r\nThe Complainant holds several trademark registrations for “PRINTEMPS” and the Complainant also holds the domain names bearing “PRINTEMPS”. \r\n\r\nOn February 4, 2021; the Respondent registered the disputed domain name <printempes.com>. The disputed domain name currently redirects to the Complainant’s website <https:\/\/www.groupe-printemps.com\/ The domain name has been used by the Respondent to impersonate the Complainant for scamming attempt.  ",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant is a leader company in the fashion, luxury and beauty sectors in France. The Complainant owns several department stores in France and also holds several e-commerce websites.\r\n\r\nThe Complainant holds international trademark registrations for the trademark “PRINTEMPS” and also is the owner of the domain names bearing the sign “PRINTEMPS”. \r\n\r\n\r\n1. THE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR\r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s well-known and distinctive trademark “PRINTEMPS” as it bears the Complainant’s “PRINTEMPS” trademark as a whole with the addition of the letter “E”.\r\n\r\nThe Complainant states that the disputed domain name contains an obvious misspelling of the Complainant’s trademark and the present case is a clear example of typosquatting where the disputed domain name is a slight alphabetical variation of the Complainant’s trademark.\r\n\r\nThe Complainant argues that such attempts have been disapproved in various decisions e.g. CAC case No. 102253, BOURSORAMA v. Brandsos.com.\r\n\r\n\r\n2. NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant states that the Respondent has no rights on the disputed domain name as the Respondent is not known as the disputed domain name. The Complainant refers to the earlier panel decisions Forum Case No. FA 1781783, Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II v. Chad Moston \/ Elite Media Group <bobsfromsketchers.com>.\r\n\r\nThe Complainant also states that the Respondent is neither affiliated nor authorized by the Complainant in any way and they do not carry out any business activity together.\r\n\r\nThe Complainant also alleges that neither license nor authorization has been granted to the Respondent to use the Complainant’s trademark “PRINTEMPS”. \r\n\r\nThe Complainant argues that the disputed domain name redirects to one of the Complainant’s websites. Moreover, the disputed domain name has been used for phishing attempts and the Respondent has impersonated the Complainant for scamming attempts.\r\n\r\nThe Complainant indicates that it has made a prima facie case that the Respondent lacks legitimate rights or interests in the disputed domain name and the burden of proof has shifted to the Respondent.\r\n\r\n\r\n3. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\n\r\nThe Complainant indicates that the Respondent intentionally used a misspelled version of the Complainant’s trademark in order to create a confusing similarity. The past panel decision Forum Case No. FA 877979, Microsoft Corporation v. Domain Registration Philippines is precedent for the concrete case.\r\n\r\nThe Complainant states that the Respondent is using the disputed domain name to send e-mails which mislead the recipients on the identity of the sender for its own commercial gain. The Complainant refers to the earlier panel decision The Coca-Cola Company v. Marcus Steiner, WIPO Case No. D2012-1804.\r\n\r\nAccordingly, the Complainant alleges that the disputed domain name was registered and is being used in bad faith.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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": [
        "Mrs Selma Ünlü"
    ],
    "date_of_panel_decision": "2021-05-17 00:00:00",
    "informal_english_translation": "The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the following:\r\n\r\n- the IR trademark PRINTEMPS (Registration n°1490602) dated May 20, 2019;\r\n\r\n- the IR trademark PRINTEMPS (registration n°1488460) dated May 20, 2019;\r\n\r\n- the French trademark PRINTEMPS (registration n°4509126) dated December 18, 2018;\r\n\r\n- the EU trademark PRINTEMPS (registration n°11479433) dated January 10, 2013;\r\n\r\n- the French trademark PRINTEMPS (registration n°3971101) dated December 26, 2012;\r\n\r\n- the EU trademark PRINTEMPS (registration n°1754282) dated July 13, 2000.\r\n\r\n\r\nMoreover, the Complainant is also the owner of the domain names bearing the sign “PRINTEMPS” such as the domain names <printemps.com>, <printemps.fr>, <printempsfrance.com>.",
    "decision_domains": {
        "PRINTEMPES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}