{
    "case_number": "CAC-UDRP-104668",
    "time_of_filling": "2022-06-23 09:37:49",
    "domain_names": [
        "kaufmanbroadfr.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "KAUFMAN & BROAD EUROPE"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Denis Jeanroy"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nIt is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP”. Please see WIPO Case No. D2003-0888, Dr. Ing. h.c. F. Porsche AG v. Vasiliy Terkin.\r\nThe disputed domain name resolves to a parking page.",
    "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\n1. THE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR\r\nThe Complainant states that the disputed domain name is confusingly similar to the Complainant’s trademark “KAUFMAN BROAD”. It only has an addition of the country code FR, which does not alter the overall impression and does not prevent likelihood of confusion, because the disputed domain name fully includes the Complainant’s trademark. The Complainant refers to earlier decision of WIPO Case No. D2003-0888, Dr. Ing. h.c. F. Porsche AG v. Vasiliy Terkin. \r\nThe Complainant also states that the top level “.com” does not change the overall impression and does not prevent likelihood of confusion as referring to WIPO Overview 3.0, section 1.11 (“The applicable Top Level Domain (“TLD”) in a domain name (e.g., “.com”, “.club”, “.nyc”) is viewed as a standard registration requirement and as such is disregarded under the first element confusing similarity test.”).\r\nConsequently, the Complainant asserts that the disputed domain name is identical to the Complainant’s trademark.\r\n\r\n2. NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\nThe Complainant states that the Respondent has no rights or legitimate interests on the disputed domain name as the Respondent is not known as the disputed domain name and not identified in the WHOIS database.\r\nThe Complainant also states that the Respondent is neither affiliated nor authorized by the Complainant in any way and it has no business with the Respondent. There is neither any license nor authorization granted to the Respondent to use the Complainant’s trademark KAUFMAN BROAD®, or to apply for registration of the disputed domain name by the Complainant.\r\nSince the disputed domain name resolves to a parking page, the Complainant states that the Respondent did not use the disputed domain name since its registration, and it confirms that the Respondent has no demonstrable plan to use the disputed domain name. It shows a lack of legitimate interests on the disputed domain name.\r\n\r\n3. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\nThe Complainant indicates that the disputed domain name is confusingly similar to the Complainant's distinctive trademark KAUFMAN BROAD® and a Google search on “KAUFMAN BROAD” displays several results, all of them being related to the Complainant and its related entity KAUFMAN & BROAD S.A. The Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark KAUFMAN BROAD®.\r\nSince the disputed domain name resolves to a parking page, the Complainant states that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to ascertain any reasonable actual or planned active use of the domain name by the Respondent that would not be illegitimate, such as passing off, infringement of consumer protection or trademark law.\r\nThe Complainant also states that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his website by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his website by registering the disputed domain name and therefore, using the disputed domain name is in bad faith.\r\nAccordingly, the Complainant alleges that the disputed domain name was registered and is being used in bad faith.\r\n\r\nRESPONDENT:\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": [
        "Mrs Selma Ünlü"
    ],
    "date_of_panel_decision": "2022-07-31 00:00:00",
    "informal_english_translation": "The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the following:\r\n- the EU trademark KAUFMAN BROAD (registration n° 001505916) dated February 14, 2000; and\r\n- the IR trademark KAUFMAN BROAD (registration n° 736440) dated March 24, 2000.\r\nMoreover, the Complainant is also the owner of the domain names bearing the sign “KAUFMAN BROAD” such as the domain names <kaufmanbroad.com> and <kaufmanbroad.fr>.",
    "decision_domains": {
        "KAUFMANBROADFR.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}