{ "case_number": "CAC-UDRP-105127", "time_of_filling": "2023-01-16 09:11:53", "domain_names": [ "sezane-fr.com", "sezane-outlet.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BENDA BILI" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Mark Kean", "Courtney Davis" ], "respondent_representative": null, "factual_background": "

The Complainant (BENDA BILI) is a company specialized in ready-to-wear collections and accessories for women and trading under its commercial name and trademark SEZANE. The term “SEZANE” is a contraction of the first name and last name of the Complainant’s founder and President Morgane Sezalory. SEZANE’s clothing and accessories are available only through its online shop.<\/span><\/p>\n

Both disputed domain names were registered on 21 October 2022 and are held by the Respondents.<\/p>\n

Both domain names websites (i.e. website available under internet address containing the disputed domain names) have a very similar look and feel and overall appearance and serves as a simple e-shop offering for sale products directly competing with those of the Complainant.<\/p>\n

The Complainant seeks transfer of the disputed domains names to Complainant. <\/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 names.<\/span><\/p>", "no_response_filed": "

COMPLAINANT:<\/p>\n

CONFUSING SIMILARITY<\/p>\n

The Complainant states that:<\/p>\n

    \n
  1. The disputed domain names are confusingly similar to Complainant's Trademarks as they both incorporate the “SEZANE” word element of the Complainant’s trademarks in its entirety.<\/li>\n
  2. The addition of the term \"FR” that stands for France or \"OUTLET\" as a generic term respectively, is not sufficient to escape the finding that the disputed domain names are confusingly similar to Complainant's trademarks, as it does not prevent the likelihood of confusion between the disputed domain names and the Complainant.<\/li>\n<\/ol>\n

    The Complainant refers to previous domain name decisions in this regard.<\/p>\n

    Thus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain names is clearly established.<\/p>\n

      <\/p>\n

    NO RIGHTS OR LEGITIMATE INTERESTS<\/p>\n

    The Complainant states that:<\/p>\n

      \n
    1. The Respondent has not been commonly known by the disputed domain names.<\/li>\n
    2. The Complainant has not authorized, permitted or licensed the Respondent to use Complainants' trademarks in any manner. The Respondent has no connection or affiliation with any of the Complainants whatsoever. On this record, Respondent has not been commonly known by the any of the disputed domain name.<\/li>\n
    3. On the contrary, the disputed domain names were used for attracting internet users to goods provided by the Respondent that are directly competing with the goods of the Complainant.<\/li>\n<\/ol>\n

      The Complainant refers to previous domain name decisions in this regard.<\/p>\n

       <\/p>\n

      BAD FAITH REGISTRATION AND USE<\/p>\n

      The Complainant states that:<\/p>\n

        \n
      1. Seniority of the Complainants' Trademarks predates the registration of corresponding disputed domain name.<\/li>\n
      2. Furthermore, the Complainants' Trademarks have received widespread recognition. Therefore the Respondent must have been aware of such trademarks and their reputation. This clearly indicates bad faith registration of disputed domain names by the Respondent.<\/li>\n
      3. The disputed domain names links to online stores that offer goods that compete with the products offered by the Complainant. Using a domain name in order to offer competing services is often been held to disrupt the business of the owner of the relevant mark is bad faith.<\/li>\n<\/ol>\n

         The Complainant refers to previous domain name decisions in this regard.<\/p>\n

         <\/p>\n

        RESPONDENT:<\/p>\n

        The Respondent has not provided any response to the Complaint.<\/p>", "rights": "

        The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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).<\/span><\/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 names (within the meaning of paragraph 4(a)(ii) of the Policy).<\/span><\/p>", "bad_faith": "

        The Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/span><\/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": [ "Jiří Čermák" ], "date_of_panel_decision": "2023-02-15 00:00:00", "informal_english_translation": "

        The Complainant is a registered owner of a following trademark containing a word element \"SEZANE\" (or \"SÉZANE\"):<\/p>\n

        (i)           SÉZANE (word), International (WIPO) Trademark registration date 3 June 2013, trademark registration no. 1170876, registered for goods in the international classes 14, 18, and 25.<\/p>\n

        besides other trademarks consisting of the \"SEZANE\" (or \"SÉZANE\") denomination.<\/span><\/p>\n

        (collectively referred to as \"Complainant's Trademarks\").<\/p>\n

        The Complainant has also registered a number of domain names under generic Top-Level Domain (\"gTLD\") and country-code Top-Level Domain (\"ccTLD\") containing the term “SEZANE” as for example <sezane.com>.<\/p>", "decision_domains": { "sezane-fr.com": "TRANSFERRED", "sezane-outlet.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }