{ "case_number": "CAC-UDRP-105269", "time_of_filling": "2023-03-08 08:30:53", "domain_names": [ "agathapascher.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "AGATHA" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Gjdhn Koltg " ], "respondent_representative": null, "factual_background": "

The Complainant operates under the name “AGATHA PARIS”. It is a French jewellery company. <\/span><\/p>\n

The Complainant is the owner of the domain names <agatha.fr> and <agathaparis.com>.<\/span><\/p>\n

The disputed domain name <agathapascher.com> was registered on 23 April 2021 and redirects to an online store selling AGATHA-branded jewellery products at discounted prices.<\/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 submits that the disputed domain name is confusingly similar to its AGATHA trademark, as it incorporates the trademark entirely with the addition of the French dictionary words “pas cher<\/em>” (meaning “cheap<\/em>” in English), which addition is not sufficient to eliminate the confusing similarity between the disputed domain name and the AGATHA trademark.<\/span><\/p>\n

According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant asserts that the Respondent is not commonly known by the disputed domain name and is not affiliated with or authorized by the Complainant to use the Complainant’s AGATHA trademark. The Complainant points out that the disputed domain name is used to host a website that impersonates the Complainant and attempts to mislead consumers into thinking that the goods offered for sale on the website originate from the Complainant, and there is no disclaimer on the website to identify its owner. According to the Complainant, the Respondent has therefore failed at least in one of the elements of the Oki Data test, because the website linked to the disputed domain name does not disclose accurately and prominently the registrant’s relationship with the trademark holder.<\/span><\/p>\n

The Complainant states that the disputed domain name was registered and is being used in bad faith. It is confusingly similar to the AGATHA trademark, which was registered twenty years before its registration, and the website associated to it makes references to the Complainant’s products, trademarks and logo without disclosing the lack of relationship between the Parties. On those facts, the Complainant asserts that the Respondent has registered the disputed domain name with knowledge of the Complainant’s trademark, and uses it in bad faith to create confusion with this trademark for commercial gain by offering counterfeit or unauthorized versions of the Complainant’s products in direct competition with the Complainant. 

<\/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": "2023-04-01 00:00:00", "informal_english_translation": "

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

- the International trademark AGATHA with registration No.579692, registered on 29 November 1991 for goods in International Classes 3, 14, 18 and 25; and<\/span><\/p>\n

- the International trademark AGATHA with registration No.774779, registered on 24 December 2001 for goods in International Class 9.<\/span><\/p>", "decision_domains": { "agathapascher.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }