{
    "case_number": "CAC-UDRP-105831",
    "time_of_filling": "2023-09-29 11:32:14",
    "domain_names": [
        "lbolfrance.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "LBO FRANCE GESTION"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Morgan Sharp"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant, LBO FRANCE, is a French private equity company founded in 1985. The Complainant is 100% owned by management and operates in different sectors of activity (transmission capital, venture capital, real estate, debt). The disputed domain name was registered on September 4, 2023. The disputed domain name resolves to an inactive page. The Respondent has not filed a Response in the provided time period. After the time limit for filing a response expired, the respondent sent the following statement via email address: I have been advised by Microsoft to ignore this during to possible scam.We do not have this domain.&nbsp; Someone fraudulently acquired this through Microsoft.&nbsp; Ifyou want resolution, contact Microsoft.We will prosecute the person or entity that misrepresented to obtain this domain.Morgan R Sharp&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; President\/CEO&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; AbbaWell&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;316-804-8890 ext 100&rdquo;&nbsp;<\/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 &lt;lbolfrance.com&gt;.<\/p>",
    "no_response_filed": "<p>The Complainant made the following contentions: The LBO FRANCE trademark of the Complainant is confusingly similar to its trademark, LBO FRANCE. The addition of the letter &ldquo;L&rdquo; to the trademark is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark and branded goods LBO FRANCE. According to the Complainant, this is a clear case of <em>typosquatting, <\/em><em>i.e.<\/em> the disputed domain name contains an apparent misspelling of the Complainant&rsquo;s trademark. It is well-established that the slight spelling variations do not prevent a disputed domain name from being confusingly similar to the Complainant&rsquo;s trademark. The Complainant contends that the addition of the gTLD &ldquo;.COM&rdquo; does not change the overall impression of the designation as being connected to the Complainant&rsquo;s trademark. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain names associated. The Respondent has no rights or legitimate interests in respect of the disputed domain name and is not related in any way to the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither licence nor authorization has been granted to the Respondent to make any use of the Complainant&rsquo;s trademark or apply for registration of the disputed domain name by the Complainant. The disputed domain name resolves to an inactive page. The Complainant contends that the Respondent has not made any use of the disputed domain name since its registration. It demonstrates a lack of legitimate interests regarding the disputed domain name. The Complainant states the misspelling of the disputed domain name was intentionally designed to be confusingly similar to the Complainant&rsquo;s trademark.&nbsp;The Respondent did not file an administratively complaint response. Respondent&acute;s contentions are included in the Factual background section above.<\/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, 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": "<p>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": "<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": "Accepted",
    "panelists": [
        "Barbora Donathová"
    ],
    "date_of_panel_decision": "2023-10-30 00:00:00",
    "informal_english_translation": "<p>The Complainant submitted evidence that it is the owner of the following trademark registration: The European trademark n&deg;9227307, \"LBO FRANCE\", registered on July 6, 2010. The Complainant also owns many domain names, including its trademark LBO FRANCE, such as the domain name &lt;lbofrance.com&gt;, registered since May 5, 1999.<\/p>",
    "decision_domains": {
        "lbolfrance.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}