The 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 operates stores around the world.<\/p>\n
The disputed domain name was registered on 9 October 2022 and they are held by the Respondent.<\/p>\n
The domain name website (i.e. website available under internet address containing the disputed domain name) do not resolve to any active website. It is merely linked to website available at < DAN.COM> displaying a general offer to sell the disputed domain name.<\/p>\n
The Complainant seeks transfer of the disputed domain name to the Complainant.<\/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 name.<\/p>", "no_response_filed": "
COMPLAINANT:<\/span><\/p>\n CONFUSING SIMILARITY<\/p>\n The Complainant states that:<\/p>\n - The disputed domain name contains the “ISABEL MARANT” word elements of the Complainant's trademarks in its entirety and thus it is identical to the Complainant’s trademarks.<\/p>\n - The gTLD “.STORE” element is not relevant in the appreciation of confusing similarity as it is necessary technical aspect of the domain name registration.<\/p>\n Thus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain name is clearly established.<\/p>\n <\/p>\n NO RIGHTS OR LEGITIMATE INTERESTS<\/p>\n The Complainant states that:<\/p>\n - The Respondent has not been commonly known by the disputed domain name;<\/p>\n - The Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by either of disputed domain name;<\/p>\n - Furthermore, the domain name website has not been used for any legitimate or fair purposes.<\/p>\n <\/p>\n BAD FAITH REGISTRATION AND USE<\/p>\n The Complainant states that:<\/p>\n - Seniority of the Complainant's trademarks predates the disputed domain name registration and such trademarks are well known in relevant business circles. The Respondent can be considered aware of the Complainant's trademarks when registering the disputed domain name due to well-known character thereof, which should have been checked by the Respondent by performing a simple internet search;<\/p>\n - The disputed domain name (at the time of filing of the complaint or anytime thereafter) were not used for any bona fide offerings of goods or services;<\/p>\n - Furthermore, the Complainant contends that the Respondent has registered the disputed domain name only in order to sell it back for out-of-pockets costs, which evinces bad faith registration and use.<\/p>\n <\/p>\n RESPONDENT:<\/span><\/p>\n The Respondent has not provided any response to the complaint.<\/p>",
"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).<\/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 name (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 name has been registered and is 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": [
"Jiří Čermák"
],
"date_of_panel_decision": "2022-11-23 00:00:00",
"informal_english_translation": " The Complainant is, inter alia, a registered owner of the following trademarks containing word elements \"ISABEL MARANT\":<\/p>\n (i) ISABEL MARANT (word), International Trademark, registration date 16 November 2015, registration no. 1284453, registered for goods in classes 4, 8, 11, 16, 20, 27 and 28;<\/p>\n (ii) ISABEL MARANT (word), EU Trademark, filing (priority) date 23 December 1998, registration no. 001035534, registered for goods in classes 3, 14, and 25;<\/p>\n besides other national and international trademarks consisting of or containing the \"ISABEL MARANT\" wording.<\/p>\n (Collectively referred to as \"Complainant's trademarks\").<\/p>\n The Complainant has also registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term „ ISABEL MARANT\" such as <ISABELMARANT.COM> and others.<\/p>",
"decision_domains": {
"isabelmarant.store": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}