{
    "case_number": "CAC-UDRP-104573",
    "time_of_filling": "2022-05-11 09:00:19",
    "domain_names": [
        "isabelmarantetoile.store"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "IM PRODUCTION"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Ou Jian"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a French company specializing in the manufacture and marketing of ready-to-wear, shoes, handbags and jewellery. The Complainant markets these products under the brand \"ISABEL MARANT\", and has multiple stores around the world. \r\n\r\nThe Complainant states that the disputed domain name <isabelmarantetoile.store> is confusingly similar to its trademark ISABEL MARANT® and its associated domain names. The Complainant explained that the addition of the French wording “ETOILE” (meaning “STAR”) is not sufficient to avoid the likelihood of confusion, and points out that the addition of the term “ETOILE” to the trademark ISABEL MARANT cannot be coincidental, as the Complainant has a collection named “ETOILE”. The Complainant states past UDRP Decisions to support its arguments. \r\n\r\nThe Complainant also argues the Respondent does not have any rights nor legitimate interests in the disputed domain name. All the Google results for the term “ISABEL MARANT ETOILE” refer to the Complainant, its trademark and collection of clothes (e.g. etoile). The Complainant states the distinctiveness of the Complainant's trademark, and its reputation and describes the content on the Website under the disputed domain name, which gives the false impression that the Website emanates from the Complainant. This supports registration in bad faith reinforcing the likelihood of confusion, as Internet users are likely to consider the disputed domain name as in some way endorsed by or connected with Complainant.\r\n\r\nThe Complainant contends that the Respondent registered and is using the disputed domain name in bad faith, with the only intention to attract for commercial gain internet users to the Respondent’s website.  ",
    "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\n",
    "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": [
        "Laura Martin-Gamero Schmidt"
    ],
    "date_of_panel_decision": "2022-06-28 00:00:00",
    "informal_english_translation": "The Complainant owns a large portfolio of trademarks of “ISABEL MARANT” in several countries, such as the international trademark ISABEL MARANT® n° 1284453, registered since November 16, 2015 and the European trademark ISABEL MARANT® n°001035534 registered since 1998. \r\n\r\nThe Complainant also owns multiple domain names consisting in the wording “ISABEL MARANT”, such as <isabelmarant.com> registered since April 20, 2002.",
    "decision_domains": {
        "ISABELMARANTETOILE.STORE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}