{
    "case_number": "CAC-UDRP-104297",
    "time_of_filling": "2022-01-27 09:33:00",
    "domain_names": [
        "isabelmarant.xyz"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "IM PRODUCTION"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "LIUQINGRU"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant 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\". \r\n\r\nThe disputed domain name <isabelmarant.xyz> was registered on October 21, 2021 and redirects to a DAN.COM page where the domain name is offered for sale for 788 USD.\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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that:\r\n\r\n1. The disputed domain name is identical to the Complainant's trademark.\r\n\r\nThe Complainant states that the disputed domain name includes in its entirety the Complainant’s trademark without any adjunction of letter or word.\r\n\r\nFurther, the Complainant asserts that the addition of the new gTLD “.XYZ” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant's trademark.\r\n\r\n\r\n2. The Respondent does not have any rights or legitimate interest in the disputed domain name.\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant  in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither licence nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark ISABEL MARANT, or apply for registration of the disputed domain name by the Complainant.\r\n\r\nFurthermore, the disputed domain name points to a DAN.COM page where the domain name is offered for sale for 788 USD. The Complainant contends that this general offer to sell the disputed domain name is evidence of the Respondent’s lack of rights or legitimate interest.\r\n\r\n\r\n3. The disputed domain name has been registered and is being used in bad faith.\r\n\r\nThe Complainant contends that, given the distinctiveness of the Complainant's trademark and its reputation, it is reasonable to infer that the Respondent has registered and used the domain name with full knowledge of the Complainant's trademark. In support of this, the Complainant refers to WIPO Case No. D2016-2097, IM Production v. Erica Wong (“The Panel is satisfied that the ISABEL MARANT trade mark is sufficiently well-known in China that, in all likelihood, the Respondent would have been aware of the Complainant's trade mark at the time the disputed domain name was registered.”).\r\n\r\nThe Complainant asserts that the Respondent fails to make an active use at the disputed domain name, and that failure to make an active use of the disputed domain name is evidence of bad faith registration and use.\r\n\r\nFurthermore, the Complainant contends that the Respondent has registered the disputed domain name only to sell it back for an amount that exceeds the out-of-pocket costs, which evinces bad faith registration and use.\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 UDRP were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Dr.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2022-02-22 00:00:00",
    "informal_english_translation": "The Complainant owns a large portfolio of trademarks including the wording “ISABEL MARANT” in several countries, such as International trademark ISABEL MARANT n° 1284453, registered since November 16, 2015 and International trademark ISABEL MARANT n°001035534 registered since May 3, 2000.\r\n\r\n\r\nFurthermore, the Complainant owns multiple domain names consisting in the wording “ISABEL MARANT”, such as <isabelmarant.com> registered since April 20, 2002.\r\n",
    "decision_domains": {
        "ISABELMARANT.XYZ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}