{
    "case_number": "CAC-UDRP-104422",
    "time_of_filling": "2022-03-21 09:50:08",
    "domain_names": [
        "metaremymartin.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "E. REMY MARTIN & C°"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Tennille  Parris"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\nAccording to the Complaint, the disputed domain name was parked offering pay-per-click links. Currently, the disputed domain name resolves to a blank page with no content stored on it.\r\nThe Complainant is a French company engaged in market of alcoholic beverages. Founded in 1724 in France, the Complainant specializes in the production of high quality cognacs. The REMY MARTIN trademark is used to designate each cognac of the whole collection: REMY MARTIN VSOP, REMY MARTIN XO, REMY MARTIN 1738 ACCORD ROYAL, REMY MARTIN CLUB, REMY MARTIN CENTAURE, REMY MARTIN CENTAURE DE DIAMANT, LOUIS XIII DE REMY MARTIN.\r\n\r\nThe REMY MARTIN mark is associated to a logo of centaur design.\r\n\r\nThe disputed domain name <metaremymartin.com> was registered on 2 March, 2022.\r\nNo information is known about the Respondent who registered the disputed domain name <metaremymartin.com> under a privacy statement.",
    "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\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain name <metaremymartin.com> and the Complainant's registered trademark are confusingly similar.\r\n\r\nParticularly, the Complainant contends that the disputed domain name <metaremymartin.com> fully incorporates the Complainant’s trademark and considers the present situation as a clear case with a risk of confusion between prior trademark and a domain name.\r\n\r\nThe Complainant also points out that the applicable Top-Level suffix “-.com” does not per se prevent the likelihood of confusion.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant does not explicitly argue that the Respondent is not commonly known by the disputed domain name or a name corresponding to the disputed domain name but points out that past panels have held that a Respondent was not commonly known by a disputed domain name if the WHOIS information was not similar to the disputed domain name.\r\n\r\nMoreover, the Complainant states that the Respondent has no rights or legitimate interests in respect of the disputed domain name and is not related in any way with the Complainant as it 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 REMY MARTIN, or apply for registration of the disputed domain name by the Complainant.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states due to its worldwide presence and considering that the Complainant’s mark REMY MARTIN is a well-known trademark, the Respondent certainly had full knowledge of the Complainant rights over the name REMY MARTIN at the time of the disputed domain name’s registration.\r\n\r\nMoreover, the Complainant contends that, the disputed domain name resolves to a parking page with commercial links which shows indirectly to the Respondent’s intention to attract Internet users for commercial gain to his own website thanks to the reputation of the Complainant’s trademark.\r\n\r\nThus, according to the Complainant, the Respondent registered the disputed domain name <metaremymartin.com> and is using it in bad faith.\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 trademark 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 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": [
        "JUDr. Hana Císlerová, LL.M."
    ],
    "date_of_panel_decision": "2022-04-14 00:00:00",
    "informal_english_translation": "The Complainant is the registered owner of the trademark REMY MARTIN which was first registered in France in 1877 and subsequently in different countries, as listed below:\r\n\r\n(i) US registration No. 749501 REMY MARTIN, registered on May 14, 1963;\r\n(ii) International registration No. 236184 REMY MARTIN, registered on 10 October, 1960;\r\n(iii) International registration No. 457204 REMY MARTIN, registered on 16 December, 1980;\r\n(iv) International registration No. 508092 REMY MARTIN, registered on 1st December, 1986; and\r\n(v) International registration No. 1021309 REMY MARTIN, registered on 18 September, 2009.\r\n\r\nThe Complainant is also the owner of the domain name <remymartin.com>, registered on 25 September, 1997.",
    "decision_domains": {
        "METAREMYMARTIN.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}