Complainant states that it is “a company specialized in ready-to-wear collections and accessories for women and trading under its commercial name and trademark SEZANE” and that its “clothing and accessories are available only through its online shop” using the domain name <sezane.com>, which is registered to Complainant and was created on April 3, 2003. <\/p>\n
The Disputed Domain Name was created on July 26, 2023, and is being used in connection with a website that, as described by Complainant and as shown in a screenshot provided by Complainant, “resolves to an online store which competes with the products offered by the Complainant and displays the Complainant’s official trademark.”<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the Disputed Domain Name.<\/p>", "no_response_filed": "
Complainant contends, in relevant part, as follows:<\/p>\n
Paragraph 4(a)(i): Complainant states that the Disputed Domain Name is confusingly similar to the SEZANE Trademark because it “includes in its entirety the Complainant’s trademark” and “[t]he addition of the term ‘SALE’ is not sufficient to escape the finding that the domain name is confusingly similar to the trademark SEZANE®.”<\/p>\n
Paragraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, “Respondent is identified on the website as ‘Times Jane (Guangzhou) Trading Co., Ltd.’ and not as the disputed domain name”; “Respondent is not affiliated with nor authorized by the Complainant in any way” and “does not carry out any activity for, nor has any business with the Respondent”; and “Respondent uses the disputed domain name to disrupt Complainant’s business and to attract users by impersonating the Complainant, as the Respondent does not disclose its relationship with the Complainant.”<\/p>\n
Paragraph 4(a)(iii): Complainant states that the Disputed Domain Name was registered and is being used in bad faith because, inter alia, “given the distinctiveness of the Complainant's trademark and its reputation, it is reasonable to infer that the Respondent has registered and used the domain name with full knowledge of the Complainant's trademark”; “the disputed domain name redirects to an online store which competes with the products offered by the Complainant” and “[u]sing a domain name in order to offer competing services is often been held to disrupt the business of the owner of the relevant mark is bad faith”; and “Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or other on-line location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or location or of a product or service on the respondent’s website or location.”<\/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 UDRP).<\/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 UDRP).<\/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 UDRP).<\/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": [ "Douglas Isenberg" ], "date_of_panel_decision": "2023-11-07 00:00:00", "informal_english_translation": "
Complainant states, and provides relevant evidence, that it is the owner of Int’l Reg. No. 1,170,876 for SEZANE (registered June 3, 2013) for use in connection with, inter alia, “jewelry” and “clothing, footwear, [and] headgear.” This registration is referred to herein as the “SEZANE Trademark.”<\/p>", "decision_domains": { "salesezane.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }