The Complainant was established in 1997. It is a French company in the fashion industry, and markets ready-to-wear fashion, accessories and perfumes under the brand ZADIG & VOLTAIRE.<\/p>\n
The Complainant owns the domain name <zadig-et-voltaire.com>, registered on 16 May 2002.<\/p>\n
The disputed domain name was registered on 22 January 2024 and resolves to an online store selling third party clothing items at discounted prices.<\/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 submits that the disputed domain name is confusingly similar to its ZADIG & VOLTAIRE trademark, as it reproduces this trademark with the replacement of the ampersand “&” by the letters “ee”, which is not sufficient to avoid the likelihood of confusion.<\/p>\n
According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because there is no relationship between the Parties, the Respondent is not commonly known by the disputed domain name, and the Complainant has not authorized the Respondent to use the ZADIG & VOLTAIRE trademark or to register the disputed domain name.<\/p>\n
The Complainant adds that the Respondent is not making a bona fide offering of goods or services through the disputed domain name or carrying out a legitimate non-commercial or fair use of it. Rather, the Respondent uses the disputed domain name to a website purporting to be an online store selling third party clothing products at discounted prices. According to the Complainant, this shows that the domain name was registered to make profit of the notoriety of the Complainant’s ZADIG & VOLTAIRE trademark by offering third party goods in direct competition with Complainant, which is not a bona fide offering of goods or services.<\/p>\n
The Complainant contends that the disputed domain name was registered and is being used in bad faith. According to the Complainant, given the distinctiveness of the Complainant’s ZADIG & VOLTAIRE trademark and its reputation, it is reasonable to infer that the Respondent, who is French, has registered the disputed domain name with knowledge of this trademark. The Complainant maintains that the Respondent registered and uses the disputed domain name to divert Internet users searching for the Complainant’s website to the Respondent’s competing website for commercial gain by offering third party goods in direct competition with the Complainant.<\/p>\n
RESPONDENT:<\/p>\n
The Respondent did not submit a Response in this proceeding.<\/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": [ "Assen Alexiev" ], "date_of_panel_decision": "2024-02-22 00:00:00", "informal_english_translation": "
The Complainant is the owner of the European Union trademark ZADIG & VOLTAIRE with registration No. 005014171, registered on 8 June 2007 for goods in International Class 3 (the “ZADIG & VOLTAIRE trademark”).<\/p>", "decision_domains": { "zadigeevoltaire.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }