{ "case_number": "CAC-UDRP-105860", "time_of_filling": "2023-10-09 09:56:33", "domain_names": [ "myselogerpro-api.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "DIGITAL CLASSIFIEDS FRANCE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Ian Hector" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n

THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS<\/strong><\/p>\n

The Complainant states it is a group that has been specializing for more than 25 years in the distribution of real estate advertisements on the internet and in the specialized press.<\/p>\n

The Complainant claims that it employs over 20,000 real estate professionals and has over 60 million visits on the Internet.<\/p>\n

The disputed domain name was registered on September 23, 2023 and resolves to an inactive website.<\/p>\n

The Complainant alleges that the disputed domain name is confusingly similar to its trademarks since the trademark is included in its entirety in the disputed domain name and the addition of the terms “MY” and “API” is not sufficient to avoid the likelihood of confusion.<\/p>\n

The Complainant also refers to previous UDRP decisions confirming Complainant’s rights over the “SELOGER” and \"SELOGER Pro\" marks.<\/p>\n

Thus, the Complainant contends the disputed domain name is confusingly similar to the Complainant’s trademark.<\/p>\n

THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME<\/strong><\/p>\n

The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name, is not related in any way with the Complainant and the Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n

Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark, or apply for registration of the disputed domain name. The disputed domain name resolves to an inactive page.<\/p>\n

The Complainant contends that the Respondent did not use the disputed domain name, and this confirms that Respondent has no demonstrable plan to use the disputed domain name.<\/p>\n

THE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH <\/strong><\/p>\n

The Complainant’s submissions on the bad faith element of the UDRP can be summarized as follows:<\/p>\n

1.The disputed domain name includes a well-known and distinctive trademark “SELOGER” and is confusingly similar to Complainant’s mark. <\/p>\n

2.The Complainant alleges that the term “MYSELOGERPRO” is known only in relation with the Complainant and refers to the Complainant official customer access for professionals and provides “Google” search results. Given the distinctiveness of the Complainant's trademark and its reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark.<\/p>\n

3.The Complainant relies on the passive holding doctrine and the “Telstra” decision (WIPO Case No. D2000-0003, “Telstra Corporation Limited v. Nuclear Marshmallows<\/em><\/strong>”<\/em>). Thus, the Complainant alleges that the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use.<\/p>\n

Therefore, the Complainant claims the disputed domain name was registered and being used in bad faith.<\/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": "

The Complainant's contentions are summarized in the Factual Background section above.<\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/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": [ "Igor Motsnyi" ], "date_of_panel_decision": "2023-11-04 00:00:00", "informal_english_translation": "

In this proceeding the Complainant relies on the following trademark registrations:<\/p>\n

    \n
  1. French trademark registration No. 1751230 “SELOGER” (word), filed on April 13, 1988 and duly renewed;<\/li>\n
  2. French trademark registration No. 3120500 “SE LOGER PRO” (word), filed on September 11, 2001; <\/li>\n
  3. French trademark registration No. 3436367 “SeLoger” (word + device), filed on June 22, 2006; and <\/strong><\/li>\n
  4. French trademark registration No. 4319185 “Seloger” (word + device), filed on December 02, 2016.  <\/li>\n<\/ol>\n

    The Complainant also refers to various domain names that incorporate the “SEOLOGER” trademark, including <seloger.com> registered since October 18, 1996. <\/p>", "decision_domains": { "myselogerpro-api.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }