FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
Created in 1948, the Complainant’s “SIMONE PERELE” business designs, manufactures, and sells items of women’s lingerie and swimsuits. The Complainant sells its products within a traditional “offline” network (boutiques and department stores) and online through official web-shops in France and in several other countries in the world.<\/p>\n
The disputed domain name resolves to an online shop which explicitly refers to the Complainant’s brand (“Save Up To 50% Off – Simone Perele Sale” etc.) and thereby claims sell products that originate from, or are at least authorized by, the Complainant. The Complainant contends, however, that the products offered for sale under the disputed domain name are not its own, but competing products.<\/p>\n
The Complainant further contends that the Respondent is neither affiliated with nor authorized by the Complainant in any way. The Complainant also contends that the 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. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark “SIMONE PERELE”, or to apply for registration of the disputed domain name <perelesimone.com>.<\/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>", "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": [ "Dr. Thomas Schafft" ], "date_of_panel_decision": "2022-12-18 00:00:00", "informal_english_translation": "
The Complainant owns various EU and international trademark registrations for “SIMONE PERELE”, including the international trademark registration n. 272755 “SIMONE PERELE” (word), registered on August 9th<\/sup>, 1963, for various goods in class 25.<\/p>\n In addition to these trademarks the Complainant owns and uses various domain names incorporating the term “SIMONE PERELE”, including the domain name < simone-perele.com>, which was registered on August 7th<\/sup>, 1997, and is used for the Complainant’s main corporate website.<\/p>\n The disputed domain name was registered on April 14th<\/sup>, 2022, i.e., the Complainant’s trademark registration cited above predates the registration of the disputed domain name.<\/p>",
"decision_domains": {
"perelesimone.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}