{
    "case_number": "CAC-UDRP-104241",
    "time_of_filling": "2021-12-21 09:34:58",
    "domain_names": [
        "isabelmaran.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "IM PRODUCTION"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Zhichao Yang"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, IM PRODUCTION, 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” which has retail stores worldwide.\r\nThe disputed domain name <isabelmaran.com> was registered on December 9, 2021, which resolved to a parking page containing pay-per-click (“PPC”) links.\r\n\r\nCOMPLAINANT:\r\nThe Complainant contends that the disputed domain name is confusingly similar to the ISABEL MARANT mark on the basis that the disputed domain name is an obvious misspelling of the Complainant’s trademark with the deletion of the letter “T” and the generic top-level domain name suffix (“gTLD”) “.com” are insufficient to avoid the finding that the disputed domain name is confusingly similar to its ISABEL MARANT mark.\r\nThe Complainant also argues that the Respondent does not have any rights or legitimate interests in the disputed domain name. The Respondent is not commonly known by the disputed domain name. In addition, the Respondent is not affiliated with the Complainant nor did the Complainant license or authorize the Respondent to use the ISABEL MARANT mark.\r\nThe Complainant further asserts that the disputed domain name has been registered and is being used in bad faith as the Respondent should have known of the Complainant’s ISABEL MARANT mark at the time of registration of the disputed domain name. The Complainant also asserts that the Respondent is attempting to attract, for commercial gain, Internet users to the Respondent’s website, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or of a product or service on the Respondent’s website.\r\n\r\nRESPONDENT:\r\nThe Respondent did not reply to the Complainant’s contentions.",
    "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": "",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown that 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 Uniform Domain-Name Dispute-Resolution Policy (“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\nPreliminary Issue: Administrative Order\r\nOn January 19, 2022 the Panel issued the following order: “Since Complainant has relied on trademarks “ISABEL MARANT” (International Registration no. 1284453) designating China and other countries and European trademark no. 001035534 which were registered on November 16, 2015 and December 23, 1998 respectively but has failed to attach evidence showing ownership of said trademark, the Complainant is ordered to provide the Panel with proof of ownership of the trademark no later than close of January 21, 2022.” \r\nOn January 27, 2022 following several reminders the Complainant complied with the Order and provided two trademark certificates showing the ISABEL MARANT trademark as registered in Europe and France. Despite the claim to registration in China, a trademark certificate from China was not produced. The reliance on an international registration as showing registered rights in China is insufficient without producing a copy of the registration in China, which Complainant failed to do.   \r\n\r\nPreliminary Issue: Language of Proceedings\r\nParagraph 11 of the Rules provides that:\r\n“(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.”\r\nThe language of the Registration Agreement for the disputed domain name <isabelmaran.com> is Chinese.\r\nThe Complainant requested that the language of the proceeding be English for the following reasons:\r\n(i)\tEnglish is the most widely used language in international relations;\r\n(ii)\tthe disputed domain name is in English and not in Chinese script;\r\n(iii)\tthe proceeding will be put through unnecessary trouble and delay if Chinese were made the language of the proceeding.\r\nThe Respondent did not comment on the language of the proceeding. \r\nThe Panel cites the following with approval: “Thus, the general rule is that the parties may agree on the language of the administrative proceeding.  In the absence of this agreement, the language of the Registration Agreement shall dictate the language of the proceeding.  However, the Panel has the discretion to decide otherwise having regard to the circumstances of the case.  The Panel’s discretion must be exercised judicially in the spirit of fairness and justice to both parties taking into consideration matters such as command of the language, time and costs.  It is important that the language finally decided by the Panel for the proceeding is not prejudicial to either one of the parties in his or her abilities to articulate the arguments for the case.”  (See Groupe Auchan v. xmxzl, WIPO Case No. DCC2006 0004).\r\nHaving considered the above factors, the Panel determines that English be the language of the proceeding. The Panel agrees that the Respondent appear to be familiar with the English language, taking into account its selection of the English-language trademark and the domain name in dispute. In the absence of an objection by the Respondent, the Panel does not find it procedurally efficient to have the Complainant translate the Complaint and evidence into Chinese. ",
    "decision": "Accepted",
    "panelists": [
        "Mr. Jonathan Agmon"
    ],
    "date_of_panel_decision": "2022-01-25 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the trademarks ISABEL MARANT (International Registration no. 1284453) designating China and other countries, French trademark no. 98738832, and European trademark no. 001035534 which were registered on November 16, 2015, June 25, 1998, and May 3, 2000, respectively.\r\nThe Complainant also holds domain name registrations which contain the ISABEL MARANT trademark, such as <isabelmarant.com> which was registered on April 19, 2002.",
    "decision_domains": {
        "ISABELMARAN.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}