{
    "case_number": "CAC-UDRP-104759",
    "time_of_filling": "2022-08-01 09:04:54",
    "domain_names": [
        "frisabelmarant.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "IM PRODUCTION"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Dchs Ybchs"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a French company specializing in the manufacture and marketing of ready-to-wear, shoes, handbags and jewellery. The Complainant markets these products under the brand ISABEL MARANT, and now has stores around the world.\r\n\r\nThe Complainant owns the domain name <isabelmarant.com>, registered on 20 April 2002.\r\n\r\nThe disputed domain name was registered on 12 June 2022. It resolves to the website purporting to be an online store selling the Complainant’s ISABEL MARANT products at discounted prices.\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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant submits that the disputed domain name is confusingly similar to its ISABEL MARANT trademark, as it reproduces this trademark with the addition of the letters “fr” - the common short form of “France”, which is not sufficient to avoid the likelihood of confusion.\r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because there is no relationship between the Parties, the Respondent is not commonly known by the disputed domain name, and the Complainant has not authorized the Respondent to use the ISABEL MARANT trademark or to register the disputed domain name.\r\n\r\nThe Complainant adds that the Respondent is not making a bona fide offering of goods or services through the disputed domain name or carrying out a legitimate non-commercial or fair use of it. Rather, the Respondent uses the disputed domain name to impersonate Complainant and to mislead consumers into thinking that the goods offered for sale on its website originate from the Complainant. Thus, according to the Complainant, the Respondent fails in at least one of the elements of the Oki Data test, as the website linked to the disputed domain name does not disclose accurately and prominently the registrant’s relationship with the trademark holder.\r\n\r\nThe Complainant contends that the disputed domain name was registered and is being used in bad faith. According to the Complainant, given the distinctiveness of the Complainant's ISABEL MARANT trademark and its reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with knowledge of this trademark. The Complainant maintains that the Respondent registered and uses the disputed domain name, which is confusingly similar to the Complainant’s ISABEL MARANT trademark, to trade upon the goodwill of this trademark for commercial gain by offering counterfeit or unauthorized versions of the Complainant’s products in direct competition with the Complainant.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a Response in this proceeding.",
    "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": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2022-08-31 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademark registrations for the sign “ISABEL MARANT” (the “ISABEL MARANT trademark”):\r\n- the European Union trademark ISABEL MARANT with registration No. 001035534, registered on 3 May 2000 for goods in International Classes 3, 14 and 25; and\r\n- the International trademark ISABEL MARANT with registration No. 1284453, registered on 16 November 2015 for goods in International Classes 4, 8, 11, 16, 20, 27 and 28.\r\n",
    "decision_domains": {
        "FRISABELMARANT.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}