{
    "case_number": "CAC-UDRP-104223",
    "time_of_filling": "2021-12-09 09:15:20",
    "domain_names": [
        "faureciahella.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "FAURECIA"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Syed J. Hussain"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant states that the disputed domain name <faureciahella.com> is confusingly similar to its trademark FAURECIA®.\r\n\r\nThe addition of the denomination “HELLA” is not sufficient to escape the finding that the domain name is confusingly similar to the trademark FAURECIA®. It does not change the overall impression of the designation as being connected to the Complainant’s trademark FAURECIA®. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademarks.\r\n\r\nIt is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP”. Please see WIPO Case No. D2003-0888, Dr. Ing. h.c. F. Porsche AG v. Vasiliy Terkin.\r\n\r\nOn the contrary, the addition of the denomination “HELLA” worsens the likelihood of confusion, as it directly refers to the acquisition by the Complainant of the German company HELLA.\r\n\r\nMoreover, the Complainant asserts that the addition of the generic Top-Level Domain suffix “.COM” does not change the overall impression of the designation as being connected to the trademark FAURECIA®. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademarks and its domain names associated.",
    "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).\r\n\r\nThe Complainant states that the disputed domain name <faureciahella.com> is confusingly similar to its different trademarks and domain names.\r\n\r\nIndeed, the addition of letters “hella” in the disputed domain name is not sufficient to avoid the likelihood of confusion with the Complainant’s trademark. The addition of these letters constitutes an obvious misspelling of the Complainant’s trademarks and is characteristic of a typosquatting practice intended to create confusing similarity between the Complainant’s trademark and the disputed domain name.\r\n\r\nTherefore, the disputed domain name is \"confusingly similar\" to a mark in which the Complainant has established rights within the meaning 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).\r\n\r\nThe Respondent has never been authorized or otherwise been licensed or permitted by the Complainant to use any of its trademarks.\r\nThe Respondent is also not affiliated in any way with the Complainant.",
    "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).\r\n\r\nGiven the distinctiveness of the trademark and the content of the website, it is clear that the Respondent registered the disputed domain name in knowledge of the Complainant and its trademarks.\r\n\r\nMoreover, the Respondent does not make any use of the disputed domain name. The disputed domain name resolves to a DAN.COM page displaying a general offer to sell the domain for 2 250 EUR.\r\n\r\nAll these elements lead to the conclusion that the Respondent has intentionally attempted to attract Internet users to the Respondent's website for commercial gain by creating a likelihood of confusion with the Complainant's trademarks as to the source, sponsorship, affiliation, or endorsement of such websites.",
    "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. Vít Horáček"
    ],
    "date_of_panel_decision": "2022-01-10 00:00:00",
    "informal_english_translation": "As a global leader in automotive technology, Faurecia (the “Complainant”) provides innovative solutions to automotive challenges across five activities and four business groups: Faurecia Seating, Faurecia Interiors, Interior Modules and Faurecia Clarion Electronics and Faurecia Clean Mobility. With 266 sites in 35 countries and 114,000 employees, Faurecia sales amounted to 14.7 billion euros in 2020. 1 in 3 vehicles worldwide includes a Faurecia technology.\r\n",
    "decision_domains": {
        "FAURECIAHELLA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}