{
    "case_number": "CAC-UDRP-104435",
    "time_of_filling": "2022-03-24 09:41:13",
    "domain_names": [
        "kaufmanbroad-fr.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "KAUFMAN & BROAD EUROPE"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "patrice  dautel"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a real estate development and construction company, with its headquarters in Neuilly-sur-Seine, France, and is active in both the residential and business sectors.  The Complainant trades as KAUFMAN & BROAD and, in addition to its trade marks for KAUFMAN BROAD, it owns domain names which comprise or include this term, namely <kaufmanbroad.com> and <kaufmanbroad.fr>. \r\n\r\nThe disputed domain name was registered on February 15, 2022. It resolves to a website containing pay-per-click (“PPC”) links including “Achat Appartement Paris”, Achat Immobilier” and “Construction maison” (roughly translated as; “Buy an apartment in Paris”, “Real estate purchase” and “House building” respectively).\r\n\r\nThe disputed domain name is confusingly similar to a trade mark in which the Complainant has rights. The addition of the letters “fr”, which is a recognised abbreviation for “France”, does not change the overall impression of the disputed domain name as being connected with the Complainant’s mark. \r\n\r\nThe Respondent has no rights or legitimate interests in respect of the disputed domain name.  In particular, the use of the disputed domain name to resolve to a website containing PPC links relating to the Complainant’s business does not amount to a bona fide offering of goods and services.  Nor has the Complainant granted any licence or authorisation to the Respondent to make any use of its KAUFMAN BROAD mark.\r\n\r\nThe Respondent has registered and is using the disputed domain name in bad faith. In view of fact that the Complainant’s mark is distinctive and its mark is known in France, where the Respondent is located, it is inconceivable that the Respondent registered the disputed domain name without knowledge of the Complainant’s mark and the mark was therefore registered in bad faith. The Respondent is using the disputed domain name in order to attempt to attract Internet user to its website for its own commercial gain, which amounts to evidence of bad faith use. ",
    "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).",
    "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": [
        "Antony Gold"
    ],
    "date_of_panel_decision": "2022-04-29 00:00:00",
    "informal_english_translation": "The Complainant is the owner of a number of trade marks for KAUFMAN BROAD including, by way of example, International Trade Mark, registration, number 736440 for KAUFMAN BROAD, in classes 19, 35, 36 and 37, registered on March 24, 2000.",
    "decision_domains": {
        "KAUFMANBROAD-FR.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}