{ "case_number": "CAC-UDRP-105375", "time_of_filling": "2023-04-20 10:02:10", "domain_names": [ "sezanesoldes.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BENDA BILI" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Marlar Marlar" ], "respondent_representative": null, "factual_background": "

The Complainant is a French fashion brand that was founded in 2013 by Morgane Sezalory, which is trading under its commercial name and trademark SEZANE.<\/span>

The Complainant owns several domain names which include the Trademark including the domain name <sezane.com>, registered since April 3, 2003.<\/span>

The disputed domain name <sezanesoldes.com> was registered on October 6, 2022 and redirects to a competitor's website.<\/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 Trademark.<\/span>

Furthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent is not commonly known by the disputed domain name, that it is not affiliated with nor authorized by the Complainant in any way, that the Complainant does not carry out any activity for, nor has any business with the Respondent, and that neither license nor authorization has been granted to the Respondent to make any use of the Trademark or apply for registration of the disputed domain name by the Complainant. According to the Complainant, especially the fact that the disputed domain name redirects to a competitor's website indicates a lack of rights or legitimate interests by the Respondent.<\/span>

Finally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. It contends that the Respondent registered the disputed domain name with actual knowledge of the Complainant and its Trademark and that the Respondent's use of the disputed domain name to attract Internet users and offer possibly fraudulent services while impersonating the Complainant or, at a minimum, disrupt Complainant’s business by offering services in direct competition with the Complainant is evidence of bad faith.<\/span><\/span><\/span><\/p>\n

<\/p>\n

RESPONDENT:<\/p>\n

No administratively compliant Response has been filed.<\/span><\/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": [ "Stefanie Efstathiou LL.M. mult." ], "date_of_panel_decision": "2023-05-26 00:00:00", "informal_english_translation": "

The Complainant owns several trademark registrations across various jurisdictions, inter alia the international trademark No. 1170876 “SEZANE”, registered since June 3, 2013 (hereinafter referred to as the \"Trademark\").<\/span><\/div>\n
<\/div>\n
The Respondent did not identify any rights or evidence in this regard.<\/span><\/div>", "decision_domains": { "sezanesoldes.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }