{ "case_number": "CAC-UDRP-105610", "time_of_filling": "2023-07-10 10:38:07", "domain_names": [ "myselogerpro.site" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "DIGITAL CLASSIFIEDS FRANCE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Cralos Ramirez Fuentes" ], "respondent_representative": null, "factual_background": "

The Complainant is a group specializing in the distribution of real estate advertisements on the internet and in the specialized press. The Complainant supports to employ  over 20,000 real estate professionals and to have more than 60 million visits on the Internet.<\/p>\n

Furthermore, the Complainant offers a dedicated website\/application to real estate professionals called \"MySelogerpro\".<\/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

As regards the First element of the Policy, the Complainant claims that the disputed domain name is confusingly similar to its prior trademarks \"SELOGER\" and \"SE LOGER PRO\". According to the Complainant, the addition of the generic term \"my\" does not exclude the finding of confusing similarity for the purposes of the Policy.<\/span><\/p>\n

As regards the Second element of the Policy, the Complainant denies that the Respondent has rights or legitimate interests in registering and using the disputed domain name. According to the Complainant the disputed domain name is not used in connection with a bona fide offering of goods or services nor in a fair and non commercial manner as the disputed domain name redirects to an \"adobe\" login page.
<\/span><\/p>\n

As regards the Third element of the Policy, the Complainant <\/span>supports that the disputed domain name is used in bad faith because the purpose of the registration was to obtain personal data by internet users for commercial gain.<\/span><\/p>\n

THE RESPONDENT AND THE DISPUTED DOMAIN NAME<\/span><\/p>\n

The Respondent did not file an administrative reply. The disputed domain name was registered on June 29, 2023 and resolves to an Adobe login page.<\/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": [ "Andrea Mascetti" ], "date_of_panel_decision": "2023-08-08 00:00:00", "informal_english_translation": "

The Complainant proved to be the owner of the following trademarks composed by the term “SELOGER”:<\/p>\n

-The French trademark SELOGER® n° 1751230 registered and duly renewed since April 13, 1988;<\/p>\n

-The French trademark SE LOGER PRO® n° 3120500 registered on September 11, 2001;<\/p>\n

-The French trademark SELOGER® n° 3436367 registered on June 22, 2006;<\/p>\n

-The French trademark SELOGER® n° 4319185 registered on December 2, 2016.<\/p>\n

The Complainant also owns the domain name <seloger.com> registered since October 18,<\/span> 1996, used for its official website and <selogerpro.com> registered since May 29, 2000.<\/p>", "decision_domains": { "myselogerpro.site": "TRANSFERRED" }, "panelist": null, "panellists_text": null }