The Complainant, Kabushiki Kaisha Miyake Design Jimusho (trading as Miyake Design Studio) is a Japanese company whose main activity consists of manufacturing, marketing and selling clothing, accessories and fragrances. It was established by the founder Issey Miyake in 1970. In 1971, its subsidiary, ISSEY MIYAKE INC., was created to plan, manufacture, and sell clothes and related products. The Complainant is an internationally renowned fashion company which has regularly participated in Paris Fashion Week since 1973. The Complainant states that one of its most iconic product lines is its “BAO BAO” line of bags. The line was launched under PLEATS PLEASE ISSEY MIYAKE in 2000 before becoming its own brand in 2010.<\/p>\n
The Complainant also registered the domain name <isseymiyake.com> on September 26, 1998 which is used in connection with its official online store.<\/p>\n
The disputed domain name was registered on November 25, 2021, and according to the Complainant resolved to an active website displaying the marks ISSEY MIYAKE and BAO BAO and related content, in particular bags which look similar to the Complainant’s goods. <\/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 name.<\/p>", "no_response_filed": "
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>\n
PARTIES' CONTENTIONS:<\/p>\n
COMPLAINANT: <\/p>\n
The Complainant contends that the disputed domain name is confusingly similar to the ISSEY MIYAKE mark on the basis that the disputed domain name which consist of the ISSEY MIYAKE mark and the addition of the generic word “bag” and the generic top-level domain name suffix (“gTLD”) “.net” are insufficient to avoid the finding that the disputed domain name is confusingly similar to its ISSEY MIYAKE mark.<\/p>\n
The Complainant also argues that the Respondent does not have any rights or legitimate interests in the disputed domain name. The Respondent has not acquired any rights in a trademark or trade name corresponding to the disputed domain name. In addition, the Respondent is not affiliated with the Complainant nor did the Complainant license or authorize the Respondent to use the ISSEY MIYAKE mark.<\/p>\n
The Complainant further asserts that the disputed domain name has been registered and is being used in bad faith as the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a false impression with regard to a potential affiliation or connection with the Complainant without permission from the Complainant. The Complainant states that the Respondent is thereby using the disputed domain name to intentionally attract, for commercial gain, Internet users to the website, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation or endorsement of the website.<\/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": [ "Jonathan Agmon" ], "date_of_panel_decision": "2022-11-30 00:00:00", "informal_english_translation": "
The Complainant is the owner of numerous trademarks, including but not limited to the following:
- European Union Trademark Registration No. 000071175 for ISSEY MIYAKE, registered on November 18, 1998; and<\/p>\n
- European Union Trademark Registration No. 009218983 for BAOBAO ISSEY MIYAKE (stylized), registered on February 7, 2011.<\/p>", "decision_domains": { "isseymiyakebag.net": "TRANSFERRED" }, "panelist": null, "panellists_text": null }