{
    "case_number": "CAC-UDRP-104733",
    "time_of_filling": "2022-07-15 09:03:37",
    "domain_names": [
        "alt-area.net"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ALTAREA "
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Norazeth Milinvorapapond"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant, Altarea, is a French company and a leading property developer in France. The Altarea Group has developed a unique real estate skills and development platform covering all classes of real estate assets (residential, retail, offices, logistics, hotels, serviced residences, etc.) \r\n\r\nDISPUTED DOMAIN NAME:\r\n\r\nThe disputed domain name <alt-area.net> was registered on 15 February 2022 and is held by the Respondent. \r\n\r\nDISPUTED DOMAIN NAME WEBSITE:\r\n\r\nThe domain name website (i.e. website to which the disputed domain name resolves) is currently (i.e. at the time of this decision) inactive. However, according to evidence submitted by the Complainant, it used to redirect to online casino.  \r\n\r\nThe Complainant seeks transfer of the disputed domain name to the Complainant. \r\n",
    "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.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nThe Parties' contentions are the following:\r\n\r\n\r\nCOMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to Complainant's trademarks as the disputed domain name contains the Complainant's trademarks in its entirety.\r\n\r\nNeither the addition of the generic Top-Level Domains (gTLD) “.com” nor the hyphen “-“ add any distinctiveness to the disputed domain name.\r\n\r\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\nThe Respondent has not been commonly known by the disputed domain name.\r\n\r\nNeither the Complainant has authorized, permitted or licensed the Respondent to use its trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain name so as to have acquired rights to or legitimate interests in it.\r\n\r\nThe Complainant refers to previous domain name decisions in which panels have recognized that no rights or legitimate interests derive from use of another’s trademark to divert Internet users to websites unrelated to the Complainant.\r\n\r\n\r\nBAD-FAITH REGISTRATION AND USE\r\n\r\nSeniority of Complainant's trademarks predates the disputed domain name registration and such trademarks are well known in relevant business and consumer circles. The Respondent can be considered to be aware of the Complainant's trademark when registering the domain name due to well-known character thereof.\r\n\r\nThe Complainant also contends that the Respondent by registering and using the disputed domain name has intentionally attempted to attract Internet users by creating a deliberate likelihood of confusion with the Complainant's Trademarks for the sole purpose of generating traffic on the domain name website.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent has not provided any response to the Complaint.",
    "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).",
    "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).",
    "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).",
    "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.",
    "decision": "Accepted",
    "panelists": [
        "JUDr. Jiří Čermák"
    ],
    "date_of_panel_decision": "2022-08-23 00:00:00",
    "informal_english_translation": "The Complainant is, inter alia, registered owner of the following trademarks containing a word element \"ALTAREA\":\r\n\r\n-\tALTAREA (word), EU Trademark, filing date 15 April 1999, registration date 08 November 2000, application no. 001148246, registered for services in classes 35, 36, 37, and 42;\r\n\r\n-\tALTAREA (word), International (WIPO) Trademark, registration date 12 July 2006, registration no. 0907441, registered for services in classes 35, 36, 37, 42, and 45.\r\n\r\n(collectively referred to as \"Complainant's trademarks\").\r\n\r\nThe Complainant also owns numerous domain names under various TLDs consisting of the \"ALTAREA\" denomination or incorporating the same.\r\n\r\nIn addition, registered company name of the Complainant also includes the word element \"ALTAREA\" in its entirety.",
    "decision_domains": {
        "ALT-AREA.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}