{ "case_number": "CAC-UDRP-105074", "time_of_filling": "2022-12-21 09:19:05", "domain_names": [ "altarea-groupe.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "ALTAREA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Kevin Foucaut" ], "respondent_representative": null, "factual_background": "

The Complainant is established in 1994. It is the leading property developer in France, covering all classes of real estate assets (residential, retail, offices, logistics, hotels, serviced residences, etc.)<\/span><\/p>\n

The Complainant owns the domain name <altarea.com> registered on 31 March 1999, which it uses for its official website.<\/span><\/p>\n

The disputed domain name <altarea-groupe.com> was registered on 13 June 2022. It redirects to a parking webpage.<\/span><\/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": "

COMPLAINANT:<\/p>\n

The Complainant contends that the disputed domain name is confusingly similar to the ALTAREA trademark, which it includes in its entirety. The Complainant asserts that the addition of the French dictionary word “groupe” is not sufficient to exclude the confusing similarity between the disputed domain name and the ALTAREA trademark.<\/span><\/p>\n

The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name, as it is not known under it and is not related in any way with the Complainant, who has not given any authorization to the Respondent to use the Complainant’s ALTAREA trademark or to apply for registration of the disputed domain name. The Complainant contends that Respondent does not use the disputed domain name as it resolves to a parking webpage.<\/span><\/p>\n

The Complainant contends that the disputed domain name was registered and is being used in bad faith. According to the Complainant, its ALTAREA trademark is distinctive and fanciful, and its inclusion in the disputed domain name in combination with the French word “groupe”, which is related to the nature of the Complainant, shows that the Respondent has registered the disputed domain name with full knowledge of the Complainant’s trademark and business activities. The Complainant points out that the disputed domain name redirects to the Complainant’s website, and contends that the Respondent has registered and used the dispute domain name to intentionally attract, for commercial gain, Internet users to the Registrant’s website or other on-line location, by creating a likelihood of confusion with the Complainant's ALTAREA trademark as to the source, sponsorship, affiliation, or endorsement of the registrant’s website or location.<\/span><\/p>\n


RESPONDENT:<\/p>\n

The Respondent did not submit a Response in this proceeding.<\/span><\/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": [ "Assen Alexiev" ], "date_of_panel_decision": "2023-01-16 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following trademark registrations of the sign ALTAREA (the “ALTAREA trademark”):<\/span><\/p>\n

- the French trademark ALTAREA with registration No. 4706407, registered on 27 November 2020 for services in International Classes 35, 36, 37, 41, 42 and 43; and<\/span><\/p>\n

- the International trademark ALTAREA with registration No. 907441, registered on 12 July 2006 for goods and services in International Classes 35, 36, 37, 42 and 45.<\/span><\/p>", "decision_domains": { "altarea-groupe.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }