The Complainant is a French company specializing in manufacturing and marketing ready-to-wear, shoes, handbags and jewellery. The Complainant markets these products under the brand \"ISABEL MARANT\".<\/p>\n
The disputed domain name <FR-ISABELMARANT.COM> was registered on November 17, 2022, and redirects to a website purporting to be an online store selling ready-to-wear fashion and accessories for women. FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/p>\n PARTIES' CONTENTIONS: The Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant further 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. Finally, the Complainant provides that the website in relation to the disputed domain name <FR-ISABELMARANT.COM> resolves to an online store selling ready-to-wear fashion and accessories for women, which compete with the products provided by the Complainant. Past panels have held that using a disputed domain name to offer related services to that of a complainant is not a use indicative of rights or legitimate interests - for instance, Forum Case No. FA 1659965, General Motors LLC v. MIKE LEE (“Past panels have decided that a respondent’s use of a domain to sell products and\/or services that compete directly with a complainant’s business does not constitute a bona fide offering of goods or services pursuant to Policy 4(c)(i) or a legitimate noncommercial or fair use pursuant to Policy 4(c)(iii).”).<\/p>\n Furthermore, the disputed domain name resolves to an online store selling ready-to-wear fashion and accessories for women, which compete with the products offered by the Complainant. Using a domain name in order to offer competing services has often been held to disrupt the business of the owner of the relevant mark and constitutes bad faith.<\/span><\/p>\n By using the disputed domain name, the Complainant contends that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or other online location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or location or of a product or service on the respondent’s website or location, as mentioned by Policy, paragraph 4(b) (iv). The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name <FR-ISABELMARANT.COM>.<\/p>",
"no_response_filed": " RESPONDENT:<\/span> 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": [
"Barbora Donathová"
],
"date_of_panel_decision": "2023-01-01 00:00:00",
"informal_english_translation": " The Complainant owns a large portfolio of trademarks including the wording “ISABEL MARANT” in several countries, such as the international trademark ISABEL MARANT n° 1284453, registered since November 16, 2015, and the European trademark ISABEL MARANT n°001035534 registered since December 23, 1998.<\/p>\n The Complainant owns multiple domain names consisting of the wording “ISABEL MARANT”, such as <isabelmarant.com> registered since April 20, 2002.<\/span><\/p>",
"decision_domains": {
"FR-ISABELMARANT.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
<\/span><\/p>\n
COMPLAINANT:
I. The disputed domain name is confusingly similar to the protected mark
According to the Complainant, the disputed domain name <FR-ISABELMARANT.COM> is confusingly similar to its well-known and distinctive trademark ISABEL MARANT mark and its domain names associated. Adding a hyphen and the abbreviation \"FR\" (for France) is not sufficient to escape the finding that the disputed domain name is confusingly similar to the ISABEL MARANT mark.
Furthermore, the Complainant contends that the addition of the gTLD “.COM” is not relevant in the appreciation of confusing similarity and refers to the<\/span> WIPO Case No. D2006-0451, F. Hoffmann-La Roche AG v. Macalve e-dominios S.A. (“It is also well established that the specific top level of a domain name such as “.com”, “.org” or “.net” does not affect the domain name for the purpose of determining whether it is identical or confusingly similar.”).<\/em><\/p>\n
II. The Respondent does not have any rights or legitimate interest in the disputed domain name
<\/span><\/p>\n
Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark ISABEL MARANT, or apply for registration of the disputed domain name by the Complainant.
<\/span><\/p>\n
III. The disputed domain name has been registered and is being used in bad faith
According to the Complainant, the disputed domain name <FR-ISABELMARANT.COM> is confusingly similar to its trademark ISABEL MARANT. The trademark was registered several years before the registration of the disputed domain name. The addition of the term “FR” cannot be coincidental, as it directly refers to the Complainant’s country of establishment.
The Complainant further states that given the distinctiveness of the Complainant's trademarks and its reputation, it is reasonable to infer that the Respondent has registered and used the disputed domain name with full knowledge of the Complainant's trademark.<\/span><\/p>\n
<\/span><\/p>",
"other_legal_proceedings": "
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/span><\/p>",
"rights": "