{ "case_number": "CAC-UDRP-104919", "time_of_filling": "2022-10-13 10:17:01", "domain_names": [ "sikksboutique.com", "soldesikks.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "IKKS GROUP" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Hqaip Liwpo" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span>

The Complainant is an apparel company. The company owns and operates apparel retail stores that sell apparel and clothing accessories. The company was founded in 1986 and is based in Saint-Macaire-en-Mauges, France.<\/p>\n

The Complainant is the owner of the trademark IKKS and owns an important domain names portfolio, including the same distinctive word IKKS, such as the domain name <ikks.com> registered and used for its official website since April 2, 1998.<\/p>\n

The disputed domain names have been registered on February 12, 2022 and redirect to an online store.<\/p>\n

The Complainant contends that the disputed domain names are confusingly similar to the trademark IKKS.<\/p>\n

The Complainant notes that the disputed domain names include the Complainant's trademark it in its entirety.<\/p>\n

The Complainant asserts that the addition of the letter “S” and French generic term “BOUTIQUE” for <sikksboutique.com> or French generic term “SOLDES” for <soldesikks.com> is not sufficient to escape the finding that the disputed domain names are confusingly similar to the trademark and branded goods IKKS. It does not change the overall impression of the designations as being connected to the Complainant’s trademark. It does not prevent the likelihood of confusion between the disputed domain names and the Complainant, its trademark and the domain name associated.<\/p>\n

Furthermore, the Complainant contends that the addition of the top-level domain “.COM” does not change the overall impression of the designations as being connected to the Complainant’s trademark. It does not prevent the likelihood of confusion between the disputed domain names and the Complainant, its trademark and its domain names associated. 
The Complainant asserts that the Respondent is not known as the disputed domain names. 
The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain names and he is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.
Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark IKKS, or apply for registration of the disputed domain names by the Complainant.
Furthermore, the disputed domain names resolve to an online store with IKKS’s logo, which compete with the products provided by the Complainant. 
Thus, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain names.
The disputed domain names are confusingly similar to the Complainant’s distinctive trademark IKKS. The Respondent has registered the disputed domain names several years after the registration of the trademark IKKS by the Complainant, which has established a strong reputation while using this trademark. Besides, the Complainant contends that the term “IKKS” does not have any signification, except in relation with the Complainant. Thus, given the distinctiveness of the Complainant's trademark and its reputation, it is reasonable to infer that the Respondent has registered and used the disputed domain names with full knowledge of the Complainant's trademark. 
Furthermore, the disputed domain names redirect to an online store which compete with the products offered by the Complainant. 
By using the domain names, the Complainant contends that the Respondent has intentionally attempted to attract, for commercial gain, internet users to its website or other on-line location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or location or of a product or service on the respondent’s website or location, as mentioned by Policy, paragraph 4(b) (iv). 
Thus, the Complainant contends that the Respondent has registered the disputed domain names and is using them in bad faith.<\/p>\n

<\/p>", "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 names.<\/p>", "no_response_filed": "

No administratively compliant Response has been filed. <\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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).<\/p>", "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 names (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Michele Antonini" ], "date_of_panel_decision": "2022-11-20 00:00:00", "informal_english_translation": "

The Complainant is the registrant, among others, of the international trademark registration No. 782171, “IKKS”, registered on May 2, 2002, for goods and services in class 3.<\/p>\n

The disputed domain names were registered by the Respondent on February 12, 2022.<\/p>", "decision_domains": { "sikksboutique.com": "TRANSFERRED", "soldesikks.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }