{
    "case_number": "CAC-UDRP-103806",
    "time_of_filling": "2021-05-18 10:02:55",
    "domain_names": [
        "rogervivierforsale.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "ROGER VIVIER S.P.A."
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "Xian Wei Fa"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThis Complaint is based on the following grounds:\r\n\r\nThe Complainant, Roger Vivier S.p.A. is a company with headquarters in Sant’Elpidio al Mare, FM (ITALY). Roger Vivier S.p.A. is known around the world as one of most prominent high-end fashion and luxury industry.\r\nThe first boutique of the brand was established in Paris, France, in 1937 by a young French fashion designer Monsieur Roger Henri Vivier (13 November 1903 - 3 October 1998) who specialized in shoes. Worldwide, he is known as the “Fabergé of footwear” or the “Fragonard of The Shoe”. \r\n\r\nIn 1924, he began his sculpture studies at the Paris School of Fine Arts, which he abandoned two years later to learn the art of shoemaking and start an apprenticeship. Following the success of his footwear creations, in 1937 he opened his first boutique on rue Royale in Paris. Heels were his field of excellence - he was the father to the Aiguille stiletto, launched in 1954, and the sinuous Virgule heel, considered the manifesto of his namesake label since 1963.\r\n\r\nOn August 29th, 1968 the figurative mark “Roger Vivier Boutique” was given worldwide trademark protection through numerous national and international trademark registrations.\r\n\r\nCurrently the company actively designs a wide range of luxury products such as shoes, bags and women accessories distributed all around the world via the official website and through more than 60 prestigious Boutiques. As of 2018 the company released a worldwide turnover of 179 million €.\r\n\r\nNow, Roger Vivier S.p.A. is the owner of various trademark registrations, such as:\r\n- the International trademark n° 348577 for the figurative mark “Roger Vivier Boutique” (registered on 1968-08-29) designating goods in classes 3,18, 21, 25; Annex 6.1\r\n- the International trademark extended in China n° 590402 for the figurative mark “ROGER VIVIER” (registered on 1992-08-05) designating goods in classes 3, 9, 14, 15, 18, 20, 21, 24, 25, 26, 34, 42; Annex 6.2\r\n- the European Union trademark n° 006349138 for the word mark “Roger Vivier” (registered on 2008-10-17) designating goods in classes 3, 9, 14, 16, 18, 20, 21, 24, 25, 26, 34, 35, 42; Annex 6.3\r\n- the International trademark n° 1022702 for the figurative mark “RV Roger Vivier” (registered on 2009-08-20) designating goods in classes 3, 9, 14, 16, 18,24, 25, 35; Annex 6.4\r\n- the International trademark extended in China n° 1120203 for the word mark “VIVIER” (registered on 2012-05-14) designating goods in classes 9, 14; Annex 6.5\r\n\r\nThe trademark “Roger Vivier” is distinctive and well known all around the world, it has been registered as trademark for the first time in 1968, although it had already been previously advertised since the early Fifties in numerous media, such as newspapers and specialized magazines. Furthermore, M. Roger Vivier was chosen on June 1953 to design the shoes that the future queen - Elizabeth II - would have worn during her solemn coronation. M. Roger Vivier created also a pair of shoes for Princess Soraya of Iran in 1962 which was sold in an auction in November 2011 for a record sum of 19.763,00 Euros.\r\n\r\nThroughout the last decades ROGER VIVIER S.p.A. has designed and created the shoes of many celebrities, such as Cate Blanchett, Penelope Cruz, Scarlett Johansson, Charlize Theron, Sharon Stone, Marion Cotillard, Kate Winslet, Katie Holmes, Jessica Alba, Freida Pinto, Anne Hathaway, Shu Qi, Fan Bingbing and Jennifer Lawrence.\r\n\r\nIn the last years, the Maison has been expanding its target to new eastern markets both by hiring renowned testimonials and by opening new sale points in Beijing, Shenyang, Taipei and Hong Kong in Fall 2012. Currently, there are nineteen Roger Vivier boutiques in China. \r\n\r\nFurthermore, the Complainant has been extensively using the “ROGER VIVIER” denomination on all internet environments including and not limited to the company’s official websites – among which are “www.rogervivier.com”, \"rogervivier.net\", \"rogervivier.org\", \"rogervivier.info\", \"rogervivier.biz\", “rogervivier.it” (a list of Complainant’s domain names could be provided upon request) - and its official accounts on the major social networks such as Facebook, Instagram and Twitter.\r\n\r\nIn light of the Respondent’s registration in 2015 and use of the disputes domain name, confusing similar to its registered and well-known trademark ROGER VIVIER, the Complainant instructed its representative to address to the Respondent a cease and desist letter in order to notify him of the infringement of the Complainant’s trademark rights, requesting the immediate cease of any use, and the transfer, of the disputed  domain name to the Complainant. \r\n\r\nThe cease and desist letter was  sent on April 23, 2021 to the domain name owner’s known email address indicated at that time in the website. The domain name owner did not  answer.",
    "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.\r\n\r\nThe Complainant requests that the language of this administrative proceeding be English pursuant to UDRP Rule 11(a): Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding. Complainant makes this request in light of the potential Chinese language Registration Agreement of the disputed domain name involved at this Complaint.\r\nParagraph 10 of the UDRP Rules vests a Panel with authority to conduct the proceedings in a manner it considers appropriate while also ensuring both that the parties are treated with equality, and that each party is given a fair opportunity to present its case. UDRP Panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement. Such scenarios were summarized into WIPO Jurisprudential Overview 3.0, 4.5.1. In this particular instance, the Complainant tried to request change of languages of proceedings in light of Chinese language Registration Agreement by showing that 1) disputed domain name <rogervivierforsale.com> is formed in Latin characters and the Roger Vivier trademark is a well-known international trademark; 2) the website corresponding to the domain name is in English; 3) conducting the proceeding in languages other than Chinese would entail significant additional costs for the Complainant and unnecessarily burden the Complainant. Relevant decisions have been cited to support the Complainant’s positions.\r\nIn light of the scenarios and equity, the Panel is of the view that conducting the proceeding in English is unlikely to heavily burden the Respondent, and it is likely that the Respondent can understand the English language based on a preponderance of evidence test. Without further objection from the Respondent on the issue, the Panel will proceed to issue the decision in English.",
    "decision": "Accepted",
    "panelists": [
        "Carrie Shang"
    ],
    "date_of_panel_decision": "2021-06-21 00:00:00",
    "informal_english_translation": "The Complainant, Roger Vivier S.p.A. is the owner of various trademark registrations, such as:\r\n- the International trademark n° 348577 for the figurative mark “Roger Vivier Boutique” (registered on 1968-08-29) designating goods in classes 3,18, 21, 25; \r\n- the International trademark extended in China n° 590402 for the figurative mark “ROGER VIVIER” (registered on 1992-08-05) designating goods in classes 3, 9, 14, 15, 18, 20, 21, 24, 25, 26, 34, 42; \r\n- the European Union trademark n° 006349138 for the word mark “Roger Vivier” (registered on 2008-10-17) designating goods in classes 3, 9, 14, 16, 18, 20, 21, 24, 25, 26, 34, 35, 42; \r\n- the International trademark n° 1022702 for the figurative mark “RV Roger Vivier” (registered on 2009-08-20) designating goods in classes 3, 9, 14, 16, 18,24, 25, 35; \r\n- the International trademark extended in China n° 1120203 for the word mark “VIVIER” (registered on 2012-05-14) designating goods in classes 9, 14; \r\n\r\nFurthermore, the Complainant has been extensively using the “ROGER VIVIER” denomination on all internet environments including and not limited to the company’s official websites – among which are “www.rogervivier.com”, \"rogervivier.net\", \"rogervivier.org\", \"rogervivier.info\", \"rogervivier.biz\", “rogervivier.it”  and its official accounts on the major social networks such as Facebook, Instagram and Twitter.",
    "decision_domains": {
        "ROGERVIVIERFORSALE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}