{
    "case_number": "CAC-UDRP-104754",
    "time_of_filling": "2022-07-29 08:53:10",
    "domain_names": [
        "ikkskids.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "IKKS GROUP"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Bjcjd Ubhjfe"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a French clothing company founded in 1986. The Complainant owns and operates apparel retail stores and sells apparel and clothing accessories.  The Complainant also sells its apparel online through its website at \"www.ikks.com\".\r\n\r\nThe disputed domain name has been registered on 7 July 2022 and redirects to a website apparently selling IKKS products at discounted prices.\r\n\r\n\r\n\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": "According to the Complainant, the disputed domain name is confusingly similar to its IKKS trademark, as it includes this trademark in its entirety and the addition of the word \"kids\" is not sufficient to escape a finding of confusing similarity.\r\n\r\nThe Complainant further maintains that the Respondent lacks rights or legitimate interests in the disputed domain name, as the Respondent does not appear to be commonly known by the disputed domain name, and the Complainant does not have any business relationship with the Respondent. Neither license nor authorization has been granted to the Respondent to make use of the Complainant's trademark IKKS, or to apply for the registration of the disputed domain name. Furthermore, the Respondent is not using the disputed domain name in connection with a bona fide offering of goods, as the disputed domain name leads to a webpage where alleged IKKS goods are offered for sale. This website does not contain any information or disclaimer identifying its owner or informing otherwise the Internet visitors that it is not a website related to the Complainant.\r\n\r\nAs far as registration and use of the disputed domain name in bad faith, the Complainant contends that the disputed domain name is confusingly similar to the Complainant's distinctive trademark IKKS, which has a strong reputation. The terms \"IKKS KIDS\" do not have any meaning except in relation with the Complainant. Furthermore, the Complainant's trademark is reproduced in the website. The website's content gives the false impression that it originates from the Complainant, and Internet users would consider that the disputed domain name is in some way endorsed by, or connected with the Complainant.  Hence, according to the Complainant, the Respondent registered and uses the disputed domain name to create confusion with the Complainant's trademark for commercial gain, by using a confusingly similar domain name to resolve to a website offering counterfeit or unauthorised versions of the Complainant's products in direct competition with those of the Complainant.\r\n\r\nTo the above statements, the Respondent failed to submit its Response.",
    "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": [
        "Angelica Lodigiani"
    ],
    "date_of_panel_decision": "2022-09-04 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademark registrations:\r\n\r\n- IKKS, EU registration No. 002255552, filed on 12 June 2001 and registered on 11 July 2002, covering goods in classes 3, 9, 14, 16, 18, 25 and 28;\r\n\r\n- IKKS, EU registration No. 002913929, registered on 2 May 2002, covering goods in class 20; \r\n\r\n- IKKS international registration No. 782171, registered on 2 March, 2002, covering goods in class 3.\r\n\r\nThe Complainant is also the owner of various domain names including the IKKS trademark, including <ikks.com>, registered and used for its official website since 2 April 1998.",
    "decision_domains": {
        "IKKSKIDS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}