{
    "case_number": "CAC-UDRP-105364",
    "time_of_filling": "2023-05-03 10:26:14",
    "domain_names": [
        "abeille-parachutisme.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "ABEILLE PARACHUTISME, EURL"
    ],
    "complainant_representative": "Dmytro Chyrkin (ABEILLE PARACHUTISME, EURL)",
    "respondent": [
        "Mikael Christopher Jean-Francois Priol"
    ],
    "respondent_representative": null,
    "factual_background": "<p>I - The Complainant<\/p>\n<p>According to the information provided by the Complainant, ABEILLE PARACHUTISME, EURL is a company established in 1996 in France. Abeille Parachutisme, SASU provides tandem parachute jumping services on its main drop zone and on additional drop zones. The progression of Abeille Parachutisme has been constant for 13 years and has exceeded 100,000 free fall baptisms in tandem parachute in August 2022, since the creation of the company. The Complainant&rsquo;s website is located at<span>&nbsp;<\/span><a href=\"http:\/\/www.abeilleparachutisme.fr\/\">abeilleparachutisme.fr<\/a>.<\/p>\n<p><\/p>\n<p>II - The Respondent<\/p>\n<p>According to the Registrar Verification, the current registrant of the disputed domain name is Mikael Christopher Jean-Francois Priol which, on the basis of the information disclosed by the Registrar, registered the &lt;abeille-parachutisme.com&gt; on February 6 1999. The disputed domain name was used in the field of parachute jumping services.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>I - The Complainant<\/p>\n<p><span>As regards the First element of the Policy, the Complainant claims that the disputed domain name is confusingly similar to its prior trademark \"<strong>Abeille Parachutisme<\/strong>\" since the trademark is entirely included in the disputed domain name.<\/span><\/p>\n<p><span>As regards the Second element of the Policy, the<\/span> Complainant alleges that the Respondent has no connection or affiliation with Complainant and has not received any license or consent to use the trademark in a domain name or in any other manner. The Complainant also supports that:<\/p>\n<p>-The Respondent has not used the phrase &ldquo;ABEILLE PARACHUTISME&rdquo; in commerce to identify itself and its services;<\/p>\n<p>-The Respondent has not requested registration of service mark &ldquo;ABEILLE PARACHUTISME&rdquo;<\/p>\n<p>As regards the Third element of the Policy, the Complainant supports that the<span> Respondent registered and uses the disputed domain name in bad faith as Respondent diverts Internet users to its own website to sell its services. Moreover the Complainant claims that the disputed domain name imitates its trademarks.&nbsp;<\/span><\/p>\n<p><span>II - The Respondent<\/span><\/p>\n<p><span>The Respondent did not file a reply.<\/span><\/p>",
    "rights": "<p>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": "<p>The Complainant has not proved, in the opinion of the Panel, that the Respondent does not have 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": "<p>The Complainant has not proved, in the opinion of the Panel, that 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": "<p>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": "Rejected",
    "panelists": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2023-06-06 00:00:00",
    "informal_english_translation": "<p>The Complainant proved to be the owner of the French Trademark Reg. no. <em class=\"highlight-elasticsearch\"><span>3983774&nbsp;<\/span><\/em><span>for \"<strong>Abeille Parachutisme<\/strong>\" (device) filed on February 18th, 2013 and registered on July 26th, 2013. The trademark is expired on February 18th, 2023 but still in the 6 months renewal grace period.&nbsp;<\/span><\/p>",
    "decision_domains": {
        "abeille-parachutisme.com": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}