The Complainant is a French company specializing in the slaughter and butchering of culled sows and pigs for pork butchers, and in France is a leader in this sector.
The disputed domain name <holviaporc.com> was registered on June 15, 2023.
Before being suspended (and at least on October 31, 2023), the disputed domain name resolved to an online shop which marketed pig parts produced in Laval under the name “HOLVIA PORC”.<\/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
The Complainant contends that:
1. The disputed domain name is confusingly similar to the Complainant's trademark.
The Complainant contends that the disputed domain name is identical to its distinctive trademark \"HOLVIA PORC”.
2. The Respondent does not have any rights or legitimate interest in the disputed domain name.<\/p>\n
The Complainant contends that the Respondent is not commonly known by the disputed domain name and that the Respondent is not affiliated with or authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and is not related to the Complainant’s business in any way. The Complainant does not carry out any activity for, nor has any business dealings with, the Respondent. <\/p>\n
3. The disputed domain name has been registered and is being used in bad faith
The Complainant contends that owing to the distinctiveness of the Complainant’s trademark, it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of Complainant's rights in the HOLVIA PORC trademark.
In addition, the Complainant contends that the Respondent has attempted to attract Internet users for commercial gain to his own website where services in direct competition with those of the Complainant were offered.
Finally, the Complainant affirms that MX servers are configured for the disputed domain name and this suggests that the disputed domain name can be actively used for e-mail purposes, and, quoting previous UDRP decisions, concludes that it is inconceivable that the Respondent will be able to make any good faith use of the disputed domain name as part of an e-mail address. <\/p>\n
RESPONDENT:
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": [ "Fabrizio Bedarida" ], "date_of_panel_decision": "2023-12-19 00:00:00", "informal_english_translation": "
The Complainant is the owner of the French trademark HOLVIA PORC (device) No. 3792659 registered on May 13, 2011.<\/p>", "decision_domains": { "holviaporc.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }