{ "case_number": "CAC-UDRP-105907", "time_of_filling": "2023-10-26 09:47:16", "domain_names": [ "selogerfr.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "DIGITAL CLASSIFIEDS FRANCE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "ZAKAZ" ], "respondent_representative": null, "factual_background": "

The Complainant is based in France. It owns trademark registrations in France for SELOGER. It is also the registrant of the domain name <seloger.com>, registered on 18 October 1996, which is used for its official website.<\/p>\n

The Seloger Group has been specialising in the distribution of real estate advertisements on the internet and in the specialized press for over 25 years. It employs over 20,000 real estate professionals and has over 60 million visits on the Internet.<\/p>\n

The Respondent has its address in the Netherlands. The disputed domain name was registered on 17 October 2023 using a privacy service. It resolves to a parking page.<\/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:<\/strong><\/p>\n

The Complainant asserts that the disputed domain name is confusingly similar to its trademark, SELOGER, which is included in the disputed domain name in its entirety.<\/p>\n

The Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name and asserts that:<\/p>\n

    \n
  1. the Respondent is not known as the disputed domain name;<\/li>\n
  2. the Complainant does not carry out any activity for, nor has any business with the Respondent, and the Respondent is not related in any way with the Complainant;<\/li>\n
  3. the Complainant has not licenced or authorised the Respondent to make any use of the Complainant’s trademarks, or apply for registration of the disputed domain name; and<\/li>\n
  4. the disputed domain name points to a parking page and the Respondent has no demonstrable plan to use the disputed domain name.<\/li>\n<\/ol>\n

    The Complainant contends that the disputed domain name was registered and is being used in bad faith. It contends that the disputed domain name <selogerfr.com> is confusingly similar to its well-known and distinctive trademark SELOGER and asserts that:<\/p>\n

      \n
    1. given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks;<\/li>\n
    2. the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use by the Respondent that would not be illegitimate or an infringement of the Complainant’s rights;<\/li>\n
    3. the disputed domain name includes the well-known and distinctive trademark SELOGER, see for instance WIPO Case No. D2015-1059, Pressimmo On Line vs Bakeemys \/ Hakim Razouane<\/em>, <seloger.construction > and <seloger.maison> in which the Panel <\/em>states: “…the Respondent could not have been unaware of the existence of the Complainant's trademark at the time of the registration of the disputed domain names because of its notoriety<\/em>”; and<\/li>\n
    4. all the Google results of a search of the term “SELOGERFR” refer to the Complainant.<\/li>\n<\/ol>\n

      RESPONDENT:<\/strong><\/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 issued a procedural order under paragraph 10 and 12 of the Rules on 22 November 2023 requesting some clarifications on the trademark ownership from the Complainant. The Complainant replied to Panel´s request on 23 November2023 and provided the required information.<\/p>\n

      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": [ "Veronica Bailey" ], "date_of_panel_decision": "2023-11-28 00:00:00", "informal_english_translation": "

      The Complainant holds the following trademark registrations for SELOGER:<\/p>\n

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      • French trademark number 1751230 registered on 13 April 1988 in classes 38 and 42;<\/li>\n
      • French trademark number 3436367 registered on 22 June 2006 in classes 16; 35; 36; 37; 38; 39; 41 and 42; and<\/li>\n
      • French trademark number 4319185 registered on 2 December 2016, in classes 35; 36; 37; 38; 39; 41 and 42.<\/li>\n<\/ul>\n

        The Complainant is also the registrant of the domain name <seloger.com>.<\/p>", "decision_domains": { "selogerfr.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }