{
    "case_number": "CAC-UDRP-104712",
    "time_of_filling": "2022-07-08 09:16:34",
    "domain_names": [
        "altarea-gestion-immobilere.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "ALTAREA"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Above.com Domain Privacy"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nFounded in 1994, the Complainant is the leading property developer in France. The Complainant's group has developed unique real estate skills and development platform covering all classes of real estate assets (residential, retail, offices, logistics, hotels, serviced residences, etc.).\r\n\r\nThe Complainant is the owner of several trademarks “ALTAREA”.\r\n\r\nThe Complainant also owns several domain names including the trademark ALTAREA, such as the domain name <altarea.com> registered and used for its official website since March 31,1999. \r\n\r\nThe disputed domain name was registered on February 2, 2022 and redirects users to a parking page with commercial links.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark ALTAREA because it incorporates the Complainant’s trademark. The addition of French terms “Gestion” and “Immobilere” is not sufficient to escape the finding that the domain name is confusingly similar to the trademark ALTAREA. It does not change the overall impression of the designation as being connected to the Complainant’s trademark ALTAREA. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademark.\r\n\r\nFurthermore, the Complainant contends that the addition of the gTLD “.COM” 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 is not identified as the disputed domain name. The Respondent is not known by the Complainant. The Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark ALTAREA, or apply for registration of the disputed domain name by the Complainant.\r\n\r\nFurthermore, the disputed domain name resolves to a parking page, indicating that the Respondent has not used the disputed domain name and has no demonstrable plan to use it.\r\n\r\nAccordingly, Respondent has no rights or legitimate interests on the disputed domain name.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark ALTAREA. The association of the trademark “ALTAREA” and the terms “gestion” and “immobilere” refer to the Complainant and its main business country (France). 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. \r\n\r\nThe disputed domain name redirects users to a parking page with commercial links. The Respondent’s use of the disputed domain name to redirect users to a webpage displaying pay-per-click links shows Respondent’s bad faith under Policy paragraph 4(b)(iii) and (iv). Notably, such usage is disruptive to Complainant’s business and demonstrates that Respondent is attempting to attract internet users for commercial gain by trading off Complainant’s trademark.\r\n\r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.",
    "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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2022-08-16 00:00:00",
    "informal_english_translation": "The Complainant is the registrant of the following trademarks:\r\n\r\n- French trademark n° 4706407 \"ALTAREA\", registered on May 28, 2021, for goods and services in classes 35, 36, 37, 41, 42 and 43; and\r\n- International trademark n° 907441 \"ALTAREA\", registered on July 12, 2006,  for goods and services in classes 35, 36, 37, 42 and 45.\r\n\r\nThe disputed domain name was registered by the Respondent on February 2, 2022.",
    "decision_domains": {
        "ALTAREA-GESTION-IMMOBILERE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}