{ "case_number": "CAC-UDRP-104946", "time_of_filling": "2022-10-25 09:37:09", "domain_names": [ "shopsezane.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "BENDA BILI" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Wu Long (Wu Long)" ], "respondent_representative": null, "factual_background": "

The Complainant is a French company specialized in ready-to-wear collections and accessories for women and trading under the trademark SEZANE. The term “SEZANE” is a contraction of the first name and last name of the Complainant’s founder and president Morgane Sezalory. The Complainant’s clothing and accessories are available only through its online shop accessible at https:\/\/www.sezane.com<\/a>.<\/p>\n

The disputed domain name <shopsezane.com> was registered on 16 November 2021 and resolves to an e-commerce site offering for sale women clothing and accessories and displaying the Complainant's SEZANE trademark.<\/p>\n

 The facts asserted by the Complainant are not contested by the Respondent.<\/span><\/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:<\/p>\n

The Complainant contends that the disputed domain name is confusingly similar to its trademark, because it includes in its entirety such mark and the addition of the term “SHOP” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the SEZANE trademark.<\/p>\n

The Complainant also contends that the Respondent lacks rights or legitimate interest in respect of the disputed domain name. The Respondent is not affiliated with nor authorised by the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorisation has been granted by the Complainant to the Respondent to make any use of the SEZANE trademark or apply for registration of the disputed domain name.<\/span><\/p>\n

The Respondent is using the disputed domain name to disrupt the Complainant’s business and to attract Internet users by using the SEZANE trademark and impersonating the Complainant and, thus, seeking to defraud or confuse users. This is not a bona fide or fair use of the disputed domain name without intent for commercial gain to misleadingly divert consumers or to tarnish the Complainant's trademark.<\/span><\/p>\n

The Complainant states that the disputed domain name includes the distinctive SEZANE trademark. Given the distinctiveness of the Complainant's trademark and its reputation, it is reasonable to infer that the Respondent has registered and used the domain name with full knowledge of the Complainant's trademark.<\/p>\n

Furthermore, the Respondent used a privacy registration service and fictitious underlying registration data to register the disputed domain name corresponding to Complainant’s registered mark without authorization, and is using the domain name to pass off as the Complainant, promote counterfeit versions of Complainant’s products, and likely engage in other fraudulent activities. Such conduct is indicative of bad faith registration and use under the Policy.<\/p>\n

The Complainant, therefore, requests the transfer of the disputed domain name.<\/span><\/p>\n

RESPONDENT:<\/p>\n

No administratively compliant Response has been filed.<\/span><\/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": [ "Ivett Paulovics" ], "date_of_panel_decision": "2022-11-24 00:00:00", "informal_english_translation": "

The Complainant is owner of the international trademark SEZANE no. 1170876 registered on 3 June 2013 in classes 14, 18, 25.<\/p>\n

The Complainant is also owner of the domain name <sezane.com> registered on 3 April 2003.<\/p>", "decision_domains": { "shopsezane.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }