{
    "case_number": "CAC-UDRP-106002",
    "time_of_filling": "2023-11-23 09:28:28",
    "domain_names": [
        "foncia-inv.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        " EMERIA EUROPE "
    ],
    "complainant_representative": "AUDE GUILLERMARD (ATOUT PI LAPLACE)",
    "respondent": [
        "GRENIER ANTOINE (FONCIA INVEST)"
    ],
    "respondent_representative": null,
    "factual_background": "<p><span>The Complainant,&nbsp;<\/span>EMERIA EUROPE (formerly called FONCIA GROUPE) is a French company, and the world&rsquo;s leading provider in real estate services, providing services to both individuals and businesses. EMERIA EUROPE assists residential and commercial customers at each stage of their property journey with competitive and comprehensive service offerings. EMERIA group provides end-to-end assistance, from managing individual apartments and building areas jointly owned by apartment owners through our lease management and joint property management business lines, respectively, to providing renting, brokerage and digital and ancillary services such as insurance brokerage, technical diagnostics, and distribution and energy brokerage offerings through our other business lines.<\/p>\n<p>EMERIA group&rsquo;s residential real estate services businesses are the leader in France, operating under the FONCIA brand through a unique network of over 500 branches. EMERIA group also holds leading positions in Switzerland, Germany and the UK and have strong presence in Belgium, Luxembourg, the Netherlands and Portugal where the company operates under various brands through a network of over 200 branches. It represents 17,000 employees in 8 countries, over 700 branches that correspond to &euro;1.5bn revenue.<\/p>\n<p><span>The disputed domain name &lt;foncia-inv.com&gt; was registered on March 9, 2023, and resolves to parking page with commercial links. Additionally, the disputed domain name has been subject to many phishing attempts.<\/span><\/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 <span>&lt;foncia-inv.com&gt;.<\/span><\/p>",
    "no_response_filed": "<p>COMPLAINANT:<\/p>\n<ul>\n<li>The disputed domain name is identical or confusingly similar to the protected mark<\/li>\n<\/ul>\n<p>As regards the first element of the Policy, the Complainant supports that the disputed domain name is confusingly similar to its FONCIA trademark, as it incorporates the trademark in its entirety.<\/p>\n<p>According to the Complainant, the addition of the \"inv\" as \"investment\" to the trademark FONCIA is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark FONCIA.<\/p>\n<p><span>Finally, it is well established that the addition of the gTLD &ldquo;.com&rdquo; should be disregarded when assessing similarity as it is a standard registration requirement (See <\/span><a href=\"https:\/\/www.wipo.int\/amc\/en\/domains\/search\/overview3.0\/#item111\">section 1.11<\/a><span>, <\/span><a href=\"https:\/\/www.wipo.int\/amc\/en\/domains\/search\/overview3.0\/\">WIPO Overview 3.0<\/a><span>, SAP SE v. Mohammed Aziz Sheikh, Sapteq Global Consulting Services, <\/span><a href=\"https:\/\/www.wipo.int\/amc\/en\/domains\/search\/text.jsp?case=D2015-0565\">WIPO Case No. D2015-0565<\/a><span>).<\/span><\/p>\n<p>Therefore, the Complainant concludes that the disputed domain name is confusingly similar to the Complainant's trademark FONCIA.<br \/><br \/><\/p>\n<ul>\n<li>Respondent does not have any rights or legitimate interest in the disputed domain name<\/li>\n<\/ul>\n<p>As regards the second element of the Policy, the Complainant denies that the Respondent has been authorized to use the trademark FONCIA in the disputed domain name. According to the Complainant, the Respondent is not known by the Complainant and has never been affiliated with the Complainant nor authorized by the Complainant in any way to use the FONCIA trademark.<\/p>\n<p>Furthermore, the disputed domain name resolves to a parking page with commercial links. The Complainant considers that the current use of the disputed domain name does not represent a bona fide offering of goods or services nor a legitimate non-commercial or fair use of the disputed domain name.<\/p>\n<p>Moreover, according to the Complainant, the Respondent deliberately created addresses linked to the disputed domain name. The disputed domain name has thus been used in a very organized fraudulent e-mail scheme which cannot confer rights or legitimate interests on the Respondent.<\/p>\n<p>Therefore, the Complainant contends that the Respondent has no right nor legitimate interest in respect of the disputed domain name.<\/p>\n<ul>\n<li>The disputed domain name has been registered and is being used in bad faith<\/li>\n<\/ul>\n<p>As regards the third element of the Policy, the Complainant contends that the Respondent has registered the disputed domain name and uses it in bad faith.<\/p>\n<p>Given the distinctiveness of the Complainant's trademarks and worldwide reputation, the Complainant argues that it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark.<\/p>\n<p>Furthermore, the disputed domain name resolves to a parking page with commercial links. <span>It is reasonable to infer that the Respondent earns pay-per-click revenue in relation to such sponsored links. <\/span>The Complainant thus contends the Respondent has attempt to attract Internet users for commercial gain to his own website thanks to the Complainant&rsquo;s trademark for its own commercial gain, which is evidence of bad faith.<\/p>\n<p>Finally, the Complainant contends that the disputed domain name has been used to activate MX e-mail servers with IP addresses to send fraudulent e-mails to third parties in view of investing in financial products and in real estate investments in order to raise money illegally in a phishing scheme.<\/p>\n<p>On these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n<p><\/p>\n<p>RESPONDENT:<\/p>\n<p>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.&nbsp;<\/p>\n<p><\/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": "2024-01-02 00:00:00",
    "informal_english_translation": "<p><span>The Complainant owns the following trademark registrations for &ldquo;FONCIA&rdquo;: <\/span><\/p>\n<p>- International trademark n&deg; 941 643, FONCIA, registered in 2007;<\/p>\n<p>- European trademark n&deg; 1470210, FONCIA, registered in 2001;<\/p>\n<p>- European trademark n&deg;17987683, FONCIA GROUPE + logo, registered in 2019;<\/p>\n<p>- International trademark logo n&deg; 017980107 registered in 2019.<\/p>\n<p>The Complainant also owns various domain names, such as &lt;emeria.eu&gt; owned since July 27, 2021 and &lt;fr.foncia.com&gt; owned since December 11, 1998.<\/p>",
    "decision_domains": {
        "foncia-inv.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}