{ "case_number": "CAC-UDRP-104964", "time_of_filling": "2022-11-04 09:27:28", "domain_names": [ "ociane2.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "MUTUELLE OCIANE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Nanci Nette" ], "respondent_representative": null, "factual_background": "

The Complainant, Mutuelle Ociane, is a French health and retirement insurance company. The Complainant is the owner of the French trademark OCIANE <\/strong>n° 3894479.<\/p>\n

The Complainant also owns a number of domain names, including the same distinctive wording OCIANE, such as the domain name <ociane.fr>.<\/p>\n

The disputed domain name was registered on May 17, 2011 and resolves a parking page of pay-per-click commercial links.<\/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 disputed domain name <ociane2.com> is confusingly similar to the Complainant’s trademark OCIANE <\/strong>and its domain names. The Complainant contends that the addition of the number “2” is not sufficient to escape the finding that the domain name is confusingly similar to the Complainant’s trademarks nor does it change the overall impression of the domain name as being associated with the trademark OCIANE<\/strong>. Moreover, the Complainant submits that the addition of the suffix “.COM” is irrelevant in determining whether or not a disputed domain name is confusingly similar to a mark.<\/p>\n

Per the Complaint, the Respondent is not known of the Complainant. The Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way and 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. Furthermore, the disputed domain name resolves to a parking page with commercial links. Past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use.<\/p>\n

As regards the bad faith of the Respondent, the disputed domain name includes the distinctive trademark OCIANE<\/strong>. It is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.<\/p>\n

Furthermore, the Complainant argues that the Respondent has attempted to attract Internet users to its own website for commercial gain, which is a strong evidence of bad faith. Finally, the Complainant sets forth that the Respondent has engaged in a pattern of conduct registering third party trademarks as domain names.<\/span><\/p>\n

RESPONDENT:<\/strong><\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/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": [ "Arthur Fouré" ], "date_of_panel_decision": "2022-12-02 00:00:00", "informal_english_translation": "

The Complainant has provided evidence of ownership of the following trademark:<\/p>\n