{
    "case_number": "CAC-UDRP-104695",
    "time_of_filling": "2022-07-08 09:03:31",
    "domain_names": [
        "zadigvoltaire.shop"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Z&V"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Kai Chu"
    ],
    "respondent_representative": null,
    "factual_background": "THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark ZADIG & VOLTAIRE®. Indeed, the disputed domain name incorporates the Complainant’s trademark, without the “&”. The Complainant contends that it doesn’t eliminate the likelihood of confusion with the trademark.\r\n\r\nFurthermore, the Complainant contends that the addition of the new gTLD “.SHOP” does not change the overall impression of the designation as being connected to the Complainant’s trademark. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain names associated. \r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant contends that Respondent has no rights or legitimate interests in respect of the disputed domain name.\r\n\r\nThe Respondent is not commonly known by the disputed domain name. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark ZADIG & VOLTAIRE®, or apply for registration of the disputed domain name.\r\n\r\nLastly, the domain name is used to host the website to impersonate the Complainant and attempt to mislead consumers into thinking that the goods purportedly offered for sale on the website originate from Complainant. Furthermore, there is no information\/disclaimer on the page of the website to identify its owner. Therefore, the Respondent failed at least in one of the elements of the Oki Data test, i.e. the website linked to the disputed domain name does not disclose accurately and prominently the registrant’s relationship with the trademark holder.\r\n\r\nTHE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\n\r\nThe Complainant states that the disputed domain name  is confusingly similar to its trademark ZADIG & VOLTAIRE. The trademark was registered several years before the registration of the disputed domain name. The Complainant is a worldwide and well known fashion company, and the Respondent makes references to the Complainant’s products and trademarks in the website. On those facts, given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks. Please see for instance WIPO Case No. D2004-0673, Ferrari S.p.A v. American Entertainment Group Inc.\r\n\r\nThe Complainant finds that Respondent registered and uses the domain name in bad faith to create confusion with Complainant’s trademarks for commercial gain by using the confusingly similar domain name to resolve to website offering counterfeit or unauthorized versions of Complainant’s products in direct competition with the Complainant’s products. Using a confusingly similar domain name to trade upon the goodwill of a complainant can evince bad faith under Policy paragraph 4(b)(iv).",
    "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": [
        "Arthur Fouré"
    ],
    "date_of_panel_decision": "2022-08-16 00:00:00",
    "informal_english_translation": "The Complainant has provided evidence of ownership of the following trademark:\r\n\r\n- European trademark ZADIG & VOLTAIRE n°005014171 registered since March 17th, 2006, duly renewed; and\r\n- International trademark ZADIG & VOLTAIRE n°907298 registered on September 15th, 2006, duly renewed.",
    "decision_domains": {
        "ZADIGVOLTAIRE.SHOP": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}