{
    "case_number": "CAC-UDRP-104531",
    "time_of_filling": "2022-04-28 08:32:51",
    "domain_names": [
        "retailpartners-colruytgroup.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Etablissementen Franz Colruyt N.V."
    ],
    "complainant_representative": "Pierre-Yves Thoumsin",
    "respondent": [
        "Daniel Paker"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant was established in 1928 by Franz Colruyt who started a colonial wholesale goods business to serve grocers in Brussels and the surrounding area, becoming over time one of Belgium’s largest supermarket chains under the trademark COLRUYT.\r\n\r\nAt present, the Complainant comprises several entities, including a company called Retail Partners Colruyt Group SA, with registered offices at the same address as the Complainant.\r\n\r\nThe disputed domain name <retailpartners-colruytgroup.com> was registered on March 22, 2022 and is redirected to the website “www.retailpartnerscolruytgroup.be” of a Complainant’s affiliate.",
    "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": "COMPLAINANT\r\n\r\nThe Complainant contends that disputed domain name <retailpartners-colruytgroup.com> is confusingly similar to the trademarks COLRUYT and COLRUYT GROUP in which the Complainant has rights, as it reproduces the trademarks in their entirety with the mere addition of descriptive terms and the generic Top-Level Domain “.com”.\r\n\r\nThe Complainant submits that the Respondent has no rights or legitimate interests in respect of the disputed domain name because the Complainant is the only organization in the world using the names COLRUYT and COLRUYTGROUP, corresponding to the name of the company’s founder and the Colruyt family, who remains its leading shareholder.\r\n\r\nThe Complainant states the Respondent is not a licensee of the Complainant, nor has the Respondent otherwise obtained an authorization to use the Complainant’s trademarks. The Complainant also contends that the Respondent is not engaged in any legitimate business which would require using the Complainant’s trademarks.\r\n\r\nThe Complainant notes the disputed domain name is merely used as an attempt to impersonate the Complainant for malicious purposes, since e-mail communications have been sent, using the e-mail address guido.soret@retailpartners-colruytgroup.com, impersonating the commercial director of the Complainant’s affiliate Retail Partners Colruyt Group NV.\r\n\r\nWith reference to the circumstances evidencing bad faith, the Complainant indicates that sending e-mails, containing the details (address, VAT number, name of the commercial director) of an affiliate of the Complainant clearly demonstrates that the disputed domain name is being used to impersonate the Complainant and that the purpose of the e-mail was indeed to obtain business information and\/or procure goods from a supplier of the Complainant or the Complainant’s affiliate.\r\n\r\nThe Complainant further contends that the use of a domain name for illegitimate activity such as phishing can never confer rights or legitimate interests on a respondent and such behaviour is obviously evidence of bad faith. The Complainant also submits that redirecting a domain name to the Complainant’s affiliate website at <retailpartnerscolruytgroup.be> not only creates a real ongoing threat to the Complainant but also reinforces the threat of a scam.\r\n\r\nLastly, the Complainant highlights that the contact details of the Respondent, revealed by the registrar, are false, as they refer to a local bakery called Goiris which obviously has nothing to do with the registration of the disputed domain name. \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": [
        "Luca Barbero"
    ],
    "date_of_panel_decision": "2022-06-06 00:00:00",
    "informal_english_translation": "The Complainant is the owner, amongst others, of the following trademark registrations:\r\n\r\n- European Union trademark registration No. 009856733 for COLRUYT (word mark), filed on March 31, 2011 and registered on October 7, 2011, in classes 16, 35 and 39;\r\n\r\n- European Union trademark registration No. 010375434 for COLRUYTGROUP (word mark), filed on October 13, 2011 and registered on July 13, 2012 in classes 16, 35 and 39.",
    "decision_domains": {
        "RETAILPARTNERS-COLRUYTGROUP.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}