{
    "case_number": "CAC-UDRP-103746",
    "time_of_filling": "2021-04-20 10:02:37",
    "domain_names": [
        "isabelmarant-fr.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "IM PRODUCTION"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "FDSI"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a French company specializing in the manufacture and marketing of ready-to-wear, shoes, handbags and jewellery. The Complainant markets these products under the brand \"ISABEL MARANT\", and now has stores around the world.\r\n\r\nThe Complainant asserts that Respondent uses the disputed domain name to pass itself off as one of the Complainant’s executive, in order to pay an invoice. Using the domain name in this manner is neither a bona fide offering of goods or services under Policy 4 (c)(i), nor a non-commercial or fair use pursuant to Policy 4(c)(iii). \r\n\r\nComplainant refers to prior panel decisions:\r\n\r\n- Forum Case No. 1775963, United Rentals, Inc. v. saskia gaaede \/ Mr (“Complainant submits that Respondent is intending to impersonate Complainant to contact customers of Complainant, posing as a credit supervisor of Complainant, directing customers to transmit payments to a bank account not controlled by Complainant. See Compl. Append. M. Therefore, the Panel agrees with Complainant and finds that Respondent has does not have rights or legitimate interests in the domain name per Policy 4(c)(i) or (iii)”);\r\n\r\n- WIPO Case No. D2014-1471, Accor v. SANGHO HEO \/ Contact Privacy Inc. (“The un-opposed allegation of phishing, and the evidence submitted in support of phishing, combined with the likelihood of confusion, is sufficient evidence of bad faith“); and\r\n\r\n- Forum Case No. 1393436, Qatalyst Partners LP and Qatalyst Partners LLP v. Alyna Devimore \/ N\/A (“the Panel holds that Respondent’s registration and use of the <qatalystpartnerslp.com> domain name as part of the phishing scheme described above is sufficient evidence of bad faith registration and use pursuant to Policy 4(a)(iii)”).",
    "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": [
        "Dr. jur. Harald von Herget"
    ],
    "date_of_panel_decision": "2021-05-25 00:00:00",
    "informal_english_translation": "The Complainant owns trademarks including the wording “ISABEL MARANT” in several countries, such as the international trademark ISABEL MARANT ® n° 1284453, registered since November 16, 2015 and the European trademark ISABEL MARANT ® n°568844 registered since December 23, 1998.\r\n\r\nFurthermore, the Complainant owns multiple domain names consisting in the wording “ISABEL MARANT”, such as <isabelmarant.com> registered since April 20, 2002.\r\n\r\nThe disputed domain name <isabelmarant-fr.com> was registered on January 18, 2021.  ",
    "decision_domains": {
        "ISABELMARANT-FR.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}