The Complainant, Benda Bili, is a company specialized in ready-to-wear collections and accessories for women and trading under its commercial name and trademark SEZANE. The term “SEZANE” is a contraction of the first name and last name of the Complainant’s founder and President Morgane Sézalory. The Complainant’s goods are available only through its online shop.<\/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": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/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": "
Language of the Proceeding<\/strong><\/p>\n The language of the Registration Agreement for the disputed domain name is Chinese. Pursuant to the Uniform Domain Name Dispute Resolution Policy (the “Rules“), paragraph 11(a), in the absence of an agreement between the parties, or unless specified otherwise in the registration agreement, the language of the administrative proceeding shall be the language of the registration agreement.<\/p>\n The Complaint was filed in English. The Panel decided that the language of the proceeding be English for several reasons, including the fact that:-<\/p>\n (i) The disputed domain name does not consist of words in the Chinese language.<\/p>\n (ii) The disputed domain name contains the English terms “vip” and “shop, “vip” being a commonly used abbreviation for “very important person”.<\/p>\n (iii) The Respondent’s registered address is in New York, United States of America, where English is the national language.<\/p>\n (iv) The disputed domain name resolves to a webpage consisting of words in the English language, which is evidence of Respondent’s familiarity with the English language.<\/p>\n (v) The Complainant is French and appears to be unfamiliar with the Chinese language. It would be prejudiced, if it were required to translate the Complaint and participate in this proceeding in Chinese. Requiring Complainant to translate the Complaint and all documents into Chinese would cause delay and added expense of translating these pleadings if Respondent fails to participate in the dispute process. It would also be inefficient to hold the proceedings in any other language than English.<\/p>\n The Respondent did not make any specific submissions with respect to the language of the proceeding.<\/p>\n In exercising its discretion to use a language other than that of the registration agreement, the Panel has to exercise such discretion judicially in the spirit of fairness and justice to both parties, taking into account all relevant circumstances of the case, including matters such as the parties’ ability to understand and use the proposed language, time and costs (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 4.5.1).<\/p>\n Having considered all the matters above, the Panel determines under paragraph 11(a) of the Rules that the language of the proceeding shall be English.<\/p>\n Other procedural matters<\/strong><\/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": [
"Jonathan Agmon"
],
"date_of_panel_decision": "2024-02-25 00:00:00",
"informal_english_translation": " The Complainant is the owner of, inter alia, International trademark registration no. 1170876 for “SEZANE”, registered on June 3, 2013. The Complainant registered the domain name on April 3, 2003. The Respondent registered the disputed domain name on January 14, 2024. Currently, the disputed domain name resolves to a webpage offering for sale clothes and accessories at discounted prices under the SEZANE brand.<\/p>",
"decision_domains": {
"sezanevip.shop": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}