{
    "case_number": "CAC-UDRP-103965",
    "time_of_filling": "2021-08-06 10:08:38",
    "domain_names": [
        "jonachaussures.online"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Joseph  NAKAM"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Stephen  Pressler"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant operates in the field of women's footwear under the trade name \"JONAK\". \r\n\r\nThe Complainant is the owner of several trademarks “JONAK”.\r\n\r\nThe Complainant also uses several domain names including the trademark JONAK, such as the domain name <jonak.fr> registered and used for its official website since 1999.\r\n\r\nThe disputed domain name was registered on June 21, 2021. It redirects to a website purporting to be an online store selling the Complainant’s JONAK products at discounted prices.\r\n\r\nThe Complainant asserts that the deletion of the letter “K” in the trademark JONAK and the addition of the term “CHAUSSURES” (meaning “SHOES” in French, i.e. a reference to the Complainant’s activities) are not sufficient to escape the finding that the domain name is confusingly similar to the trademark JONAK. It does not change the overall impression of the designation as being connected to the Complainant’s trademark JONAK. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademark.\r\n\r\nThus, the disputed domain name is confusingly similar to the Complainant's trademark JONAK.\r\n\r\nThe Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name. \r\n\r\nThe Complainant contends that the Respondent is not a licensee or distributor of the Complainant, he has no rights or legitimate interests in respect of the disputed domain name and he is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark JONAK, or apply for registration of the disputed domain name by the Complainant.\r\n\r\nThe Complainant asserts that the disputed domain name resolves to a website at which is displayed the Complainant’s trademark and a range of the Complainant’s goods purportedly being offered for sale at discount prices. Furthermore, there is no information\/disclaimer for identifying the owner of website.\r\n\r\nThe only information regarding the manager of the website is the mention of the name “DoraSale.co” in the privacy page. This company is mentioned in various other privacy pages for different well-known trademark, with domain names including parts of third parties' trademarks.\r\n\r\nTherefore, the Complainant contends that the Respondent has used the disputed domain name to promote a fake web shop purporting to sell the Complainant’s products, in an effort to induce unsuspecting Internet users into making payments for goods that the Respondent has no intention of providing.\r\n\r\nAccordingly, the Respondent has no rights or legitimate interests in the disputed domain name.\r\n\r\nThe disputed domain name was registered many years after the Complainant first registered its JONAK trademark. Indeed, the trademark is registered since 1994.\r\n\r\nFurthermore, the Respondent registered the disputed domain name without having any authorization from the Complainant to make use of its trademark or any variation thereof, in a domain name or otherwise, with intent to use it in an attempt to create a misleading impression of association with the Complainant in the furtherance of a fraudulent scheme. Indeed, the misspelling of the trademark JONAK associated with the French term “CHAUSSURES”, meaning “SHOES”, can only target the Complainant and its trademark, as the trademark JONAK covers class 25 for shoes, and the brand JONAK is used in connection with shoes.\r\n\r\nMoreover, the Complainant’s trademark and logo are displayed on the website.\r\n\r\nThus, the Complainant contends that the Respondent has knowledge of the Complainant’s rights prior to the registration of the disputed domain name, which is a hallmark of bad faith.\r\n\r\nBesides, by using the disputed domain name to misleadingly hold itself out as the Complainant and to promote a fake web shop targeting customers of the Complainant, the Respondent has attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation or endorsement of the Respondent’s website and goods purportedly advertised therein.\r\n\r\nFinally, the Respondent’s registration of the disputed domain name using a privacy service, together with the lack of contact information about the owner on the Respondent’s website, is further evidence of bad faith.\r\n\r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\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.",
    "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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2021-09-02 00:00:00",
    "informal_english_translation": "The Complainant is the registrant of the following trademarks:\r\n\r\n- international trademark No. 625324 “JONAK\", registered on October 14, 1994, for goods and services in classes 18 and 25; \r\n\r\n- EU trademark No. 2580223 “JONAK\", registered on August 7, 2003, for goods and services in classes 18 and 25.\r\n\r\nThe disputed domain name was registered by the Respondent on June 21, 2021.  ",
    "decision_domains": {
        "JONACHAUSSURES.ONLINE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}