{ "case_number": "CAC-UDRP-105767", "time_of_filling": "2023-09-06 10:51:40", "domain_names": [ "zadigetvoltaire-outlet.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Z&V" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Stephen Terrell" ], "respondent_representative": null, "factual_background": "

The Complainant is the French company Z&V active in the fashion field.<\/span><\/p>\n

The disputed domain name <<\/span>zadigetvoltaire-outlet.com> was registered on August 31st, 2023 by Stephen Terrel. It directs to an inactive website.<\/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 states that the disputed domain name <zadigetvoltaire-outlet.com> is confusingly similar to its trademark ZADIG & VOLTAIRE® and to its domain name <zadig-et-volatire.com>. In particular the disputed domain name incorporates the Complainant’s trademark, without the “&” which according to the Complainant does not eliminate the likelihood of confusion with the trademark. According to the Complainant, the addition of the element \"outlet\" does not affect the confusing similarity assessment. <\/p>\n

As regards the Second element of the Policy, the Complainant supports that the Respondent is not commonly known by the disputed domain name and that the use of the domain name does not amount to a bona fide offering of goods and services nor to a legitimate non commercial use.<\/p>\n

As regards the Third element of the Policy, the Complainant supports that, given the distinctiveness of the Complainant's trademark the Respondent was reasonably aware about the Complainant's rights on the \"ZADIG & VOLTAIRE\" trademark. Moreover the fact that the disputed domain name is not used does not exclude a finding of bad faith given the circumstances of the case.<\/p>\n

RESPONDENT:<\/p>\n

The 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": [ "Andrea Mascetti" ], "date_of_panel_decision": "2023-10-13 00:00:00", "informal_english_translation": "

The Complainant is the owner of the European Union trademark reg. no, 005014171 for ZADIG & VOLTAIRE®, filed on March 17th, 2006 and registered on June 8th, 2007 in class 3.<\/span><\/p>\n

The Complainant also owns the domain name <zadig-et-voltaire.com> registered and used for its official website since May 16th<\/sup>, 2002.<\/span><\/p>\n

<\/span><\/p>", "decision_domains": { "zadigetvoltaire-outlet.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }