{
    "case_number": "CAC-UDRP-103777",
    "time_of_filling": "2021-05-03 09:58:04",
    "domain_names": [
        "ets-franz-colruyt.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Etablissementen Franz Colruyt NV"
    ],
    "complainant_representative": "Pierre-Yves Thoumsin",
    "respondent": [
        "Paul De Gussem"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a Belgian family owned company, operating one of Belgium’s largest discount supermarket chains under the COLRUYT Trademark. The Complainant’s history dates back to 1928, when Franz Colruyt started a colonial wholesale goods (coffee, salt and sugar) business to serve grocers in Brussels and the surrounding area. The Complainant is headquartered in the city of Halle, south of Brussels and operates in Belgium, France and Luxembourg. It has more than 30,000 employees.\r\n\r\nThe disputed domain name was registered with privacy \/ proxy service on 7 February 2020. Upon the CAC's request for registrar verification, the registrar disclosed the registration data identifying the registrant as Paul De Gussem - Franz colruyt, residing at the same address of the Complainant. The Complainant has no employee with such name. The disputed domain name does not resolve to any active website. It has been used to send e-mails impersonating the Complainant with the purpose to obtain business information and\/or procure goods from a supplier of the Complainant.  ",
    "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 contends that the disputed domain name is identical to the COLRUYT Trademark, since it fully reproduces such earlier mark.\r\n\r\nThe Complainant also contends that the Respondent has no rights or legitimate interests to the disputed domain name. The Complainant has not granted any right or authorisation to third parties to use its COLRUYT Trademark or to register the disputed domain name. The disputed domain name does not resolve to any active website, but has been used for e-mail scams impersonating the Complainant. That is not a good faith or fair use of the domain name, without intent for commercial gain to mislead consumers or to tarnish the Complainant's mark.\r\n\r\nThe Complainant finally contends that the Respondent's bad faith is demonstrated by the registration of the disputed domain name identical to the well-known COLRUYT Trademark and by the use of the same for fraudulent email activities. This would prove the constructive knowledge on behalf of the Respondent of the Complainant’s potential rights and business, as well as the intention of the Respondent to exploit the reputation of the Complainant and its rights for commercial gain.\r\n\r\nThe Complainant, therefore, requests the transfer of the disputed domain name.\r\n\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 the UDRP were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Avv. Ivett Paulovics"
    ],
    "date_of_panel_decision": "2021-05-26 00:00:00",
    "informal_english_translation": "The Complainant is owner of various registered trademarks including the distinctive term “COLRUYT”, such as:\r\n\r\n- EUTM no. 008545774 (device mark) filed on 14 September 2009 and registered on 7 October 2010 for goods in class 16 and services in classes 35 and 39;\r\n\r\n- EUTM no. 009856733 (word mark) filed on 31 March 2011 and registered on 7 October 2011 for goods in class 16 and services in classes 35 and 39.\r\n\r\n\r\nThe Complainant conducts its businesses under the company and trade name Etablissementen Franz Colruyt.\r\n\r\nThe Complainant’s rights are hereinafter referred to as the COLRUYT Trademark.",
    "decision_domains": {
        "ETS-FRANZ-COLRUYT.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}