{ "case_number": "CAC-UDRP-104392", "time_of_filling": "2022-03-03 09:25:08", "domain_names": [ "zadigstore.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "ZV HOLDING" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Luis Alberto Fernandez Garcia" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nI.\tLANGUAGE OF PROCEEDINGS:\r\n\r\nIn accordance with the Registrar’s verification dated March 03, 2022, the language of the Registration Agreement is Spanish, however, the Complainant requested change of the language to English based on the fact that the disputed domain name is constituted of the Complainant’s trademark and the English term “STORE”. \r\n\r\nII.\tABOUT THE COMPLAINANT:\r\n\r\nThe Complainant is a French company in the fashion industry established in 1997 by Thierry Gillier. The brand ZADIG & VOLTAIRE stands for ready-to-wear fashion, accessories and perfumes.\r\nThe Complainant is the owner of trademarks \"ZADIG & VOLTAIRE® as well one domain name, including the term \"ZADIG & VOLTAIRE®” since 2006 & 2002 respectively.\r\nThe disputed domain name was registered on February 16, 2022 by Luis Alberto Fernandez Garcia based in Spain and it resolves to a website purporting to be an online store selling the Complainant’s ZADIG & VOLTAIRE products at discounted prices.\r\nAccording to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the disputed domain name and he is not related in any way to the Complainant’s business.\r\nFor the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the disputed domain name and that the language of the registration agreement is Spanish. \r\nRespondent did not reply to the Complaint.", "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\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nFirst element: Similarity\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark ZADIG & VOLTAIRE®.\r\n\r\nThe Complainant asserts that the disputed domain name incorporates the first and main part (ZADIG) of Complainant’s trademark ZADIG & VOLTAIRE® in its entirety. The addition of the term “STORE” refers to the Complainant’s shops. In this regard, Complainant indicates that the addition does not prevent a finding of confusing similarity as the Complainant’s trademark remains clearly recognizable.\r\n\r\nSecond element: Rights or legitimate interest\r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and that the Respondent is not related in any way to the Complainant’s business.\r\n\r\nThe Complainant asserts that the Respondent is not affiliated with him nor authorized by him in any way to use the trademark ZADIG & VOLTAIRE®. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe Complainant indicates that the disputed domain name is used to host the website to impersonate Complainant and attempt to mislead consumers into thinking that the goods purportedly offered for sale on the website originate from Complainant. The Complainant argues that such use demonstrates neither a bona fide offering of goods nor a legitimate interest of Respondent.\r\n\r\nThird element: Bad faith\r\n\r\nThe Complainant indicates that the trademark ZADIG & VOLTAIRE® had been used and registered by Complainant before the registration of the disputed domain name and, therefore, it is more likely that Respondent had Complainant’s mark in mind when registering the disputed domain name.\r\n\r\nThe Complainant indicates that the Respondent should have known about Complainant’s rights, as such knowledge is readily obtainable through a simple browser search and also due to Complainant’s nature of business, provided also online, namely online sales.\r\n\r\nIn addition, the Complainant argues that the content of the website gives the impression that it originates from Complainant, prominently displaying ZADIG & VOLTAIRE® signs on the website and with this giving the false impression that the website comes from Complainant. In the Complainant’s view, this is an additional indication of the registration in bad faith since the likelihood of confusion is reinforced as Internet users are likely to consider the disputed domain name as in some way endorsed by or connected with Complainant.\r\n\r\nRESPONDENT:\r\n\r\nRespondent did not reply to the Complaint.", "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": [ "Victor Hugo Garcia Padilla, LL.M." ], "date_of_panel_decision": "2022-04-03 00:00:00", "informal_english_translation": "The Complainant is the owner of the international trademark No. 907298 ZADIG & VOLTAIRE® registered since September 15, 2006 in classes 03, 14, 16, 18, 20, 24, 25, 35, 43.\r\n\r\nIn addition, the Complainant owns the domain name created on May 16, 2002.", "decision_domains": { "ZADIGSTORE.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }