{
    "case_number": "CAC-UDRP-104562",
    "time_of_filling": "2022-05-10 08:14:17",
    "domain_names": [
        "bestisabelmarant.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "IM PRODUCTION"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "ZhaoDongmei Zhao"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant’s contentions can be summarised as follows:\r\n\r\nA. Background history\r\n\r\nThe Complainant is a French company which operates in the manufacture and marketing of ready-to-wear, shoes, handbags and jewellery. The Complainant commercialises its products worldwide.\r\n\r\nIn addition to the trade marks mentioned in the section “Identification of rights” above, and other trade marks in its portfolio, the Complainant informs that it is also the owner of multiple domain names which contain the term “ISABEL MARANT”, including <isabelmarant.com>, which was registered in 2002.\r\n\r\nBy way of relief, the Complainant seeks the transfer of the disputed domain name <bestisabelmarant.com> to the Complainant on the grounds advanced in section B below. \r\n\r\nB. Legal grounds\r\n\r\nI. The disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights\r\n\r\nThe Complaint submits that the disputed domain name <bestisabelmarant.com> is confusingly similar to the Complainant’s trade mark ISABEL MARANT; that the addition of the word “best” is insufficient to avoid the likelihood of confusion; and that it is well established that generic Top-Level Domains (“gTLDs”), in this case <.com>, are not relevant in the appreciation of confusing similarity. \r\n\r\nII. The Respondent has no rights or legitimate interests in respect of the disputed domain name\r\n\r\nThe Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent does not carry out any activity for, or has any business with, the Complainant. Neither licence nor authorisation has been given to the Respondent to make any use of the Complainant’s trade mark ISABEL MARANT, or to apply for registration of the disputed domain name on the Complainant’s behalf. Moreover, the Respondent is not known by the disputed domain name. \r\n\r\nThe Complainant avers that the disputed domain name was registered on 28 April 2022, and that it resolves to a website purporting to be an online store selling the Complainant’s ISABEL MARANT products at reduced prices (“the Respondent’s website”). The Complainant further avers that the Respondent’s website demonstrates neither a bona fide offering of goods nor a legitimate interest of the Respondent. In addition, the Respondent failed at least in one of the elements of the Oki Data test, namely the Respondent’s website does not disclose accurately and prominently the Respondent’s relationship with the trade mark holder. \r\n\r\nIn view of the above, the Complainant concludes that the Respondent has no rights or legitimate interests in the dispute domain name. \r\n\r\nIII. The Respondent registered and is using the disputed domain name in bad faith\r\n\r\nThe Complainant states that, given the distinctiveness of the Complainant's trade mark and reputation, it is reasonable to infer that the Respondent registered the disputed domain name with full knowledge of the Complainant’s trade mark ISABEL MARANT. \r\n\r\nThe Complainant further states that, in registering and using the disputed domain name, which incorporates the Complainant’s trade mark with the additional word “best”, the Respondent is seeking to create an impression that its website is the Complainant’s official website. Moreover, the use of the Complainant’s trade mark on the Respondent’s website, without displaying a clear and accurate disclaimer of a lack of relationship between the Respondent and the Complainant, is indicative of bad faith. \r\n\r\nThe Complainant contends that the Respondent has therefore intentionally used the disputed domain name to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website (paragraph 4(b)(iv) of the UDRP Policy). \r\n\r\nThe Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith. ",
    "other_legal_proceedings": "The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <bestisabelmarant.com> (“the disputed domain name”).\r\n",
    "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 trade 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": [
        "Yana Zhou"
    ],
    "date_of_panel_decision": "2022-06-03 00:00:00",
    "informal_english_translation": "The Complainant relies upon the following registered trade marks:\r\n\r\n• International trade mark registration no. 1284453, registered on 16 November 2015, for the word mark ISABEL MARANT, in classes 4, 8, 11, 16, 20, 27 and 28 of the Nice Classification; and  \r\n\r\n• EU trade mark registration no. 001035534, registered on 3 May 2000, for the word mark ISABEL MARANT, in classes 3, 14 and 25 of the Nice Classification. \r\n\r\n(hereinafter, collectively or individually, “the Complainant’s trade mark”; “the Complainant’s trade mark ISABEL MARANT”; or “the trade mark ISABEL MARANT” interchangeably).",
    "decision_domains": {
        "BESTISABELMARANT.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}