FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant is a French company, and the world’s leading provider in real estate services, providing services to both individuals and businesses.<\/p>\n
The Complaint operates in France under the FONCIA brand through a unique network of over 500 branches. The Complainant also holds leading positions in Switzerland, Germany and the UK and has strong presence in Belgium, Luxembourg, the Netherlands and Portugal where the company operates under various brands through a network of over 200 branches. It represents 17,000 employees in 8 countries, over 700 branches that correspond to €1.5bn revenue.<\/p>\n
The Complainant is the owner of several trademarks consisting of the term “FONCIA®”, including but not limited to: European trademark registration FONCIA® n° 001470210 registered since March 06, 2001 as well as the international trademarks “FONCIA®” n° 941643 registered since May 04, 2007 and “FONCIA°” n°554821 registered since June 6th, 1990, among many others.<\/p>\n
The Complainant is also the owner of the domain names www.emeria.eu<\/a> registered on July 27, 2021 & www.foncia.com<\/a> registered on December 11th<\/sup>, 1998.<\/p>\n The disputed domain name <foncia-patrimoine.com> was registered on December 22, 2022.(hereinafter, the “Disputed Domain Name”).<\/p>\n The Complainant indicates that the Disputed Domain Name resolves to an inactive website and it has been used for phishing purposes. <\/p>\n According to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the Disputed Domain Name and the Complainant is not related in any way to the Complainant’s business.<\/p>\n For the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the Disputed Domain Name and that the language of the registration agreement is English.<\/p>\n The facts asserted by the Complainant are not contested by the Respondent.<\/p>\n <\/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 First element: Similarity<\/p>\n The Complainant states that the Disputed Domain Name is confusingly similar to its trademark “FONCIA®“.<\/p>\n The Complainant asserts that the use of the trademark FONCIA combined with the generic term “patrimoine”, meaning “patrimony” in French, does not prevent the Disputed Domain Name from being identical or confusingly similar to the Complainant’s trademark.<\/p>\n Second element: Rights or legitimate interest<\/p>\n The Complainant contends that no authorization has been given to anyone to make any use or apply for registration of the Disputed Domain Name and have no affiliation at all with the Respondent.<\/p>\n Additionally, the Complainant argues that Respondent cannot claim prior rights or legitimate interest in the Disputed Domain Name that was well created after the Complainant proceeded with the filing of the trademarks, sign and domain name FONCIA.<\/p>\n Furthermore, the Disputed Domain Name resolves to an inactive website, and it has been used to send fraudulent emails. As a consequence, the Complainant states that there is no right nor legitimate interests for the Respondent to adopt the Disputed Domain Name.<\/p>\n Third element: Bad faith<\/p>\n The Complainant states that the Disputed Domain Name is confusingly similar to its trademark FONCIA®.<\/p>\n In addition, the Complainant’s brand FONCIA is a well-known and repute trademark for real estate services offered in France. Thus, the Respondent should have known about the Complainant at the time of the registration of the Disputed Domain Name.<\/p>\n Furthermore, the Disputed Domain Name has been used to send fraudulent emails to third parties in view of investing in financial products and in real estate investments in order to raise money illegally in a phishing scheme.<\/p>\n Finally, the Complainant argues that the Respondent is probably the same individual who has been involved in three different UDRP proceedings involving similar phishing scheme. Therefore, the Complainant contends that the use of the Disputed Domain Name demonstrates Respondents´ intention to abusively benefit from Complainant’s reputation and to obtain money.<\/p>\n RESPONDENT<\/p>\n Respondent did not reply to the Complaint<\/p>\n <\/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": [
"Victor Garcia Padilla"
],
"date_of_panel_decision": "2023-02-20 00:00:00",
"informal_english_translation": " The Complainant, formerly known as “FONCIA GROUPE”, is the owner of several trademarks consisting of the term “FONCIA®”, such as: the European trademark registration FONCIA® n° 001470210 registered since March 06, 2001 as well as the international trademarks “FONCIA®” n° 941643 registered since May 04, 2007 and “FONCIA°” n°554821 registered since June 6th<\/sup>, 1990.<\/p>\n The Complainant is also the owner of the domain names www.emeria.eu<\/a> registered on July 27, 2021 & www.foncia.com<\/a> registered on December 11th<\/sup>, 1998.<\/p>",
"decision_domains": {
"foncia-patrimoine.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}