{ "case_number": "CAC-UDRP-106251", "time_of_filling": "2024-02-13 10:52:29", "domain_names": [ "zadig-voltaire.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Z&V" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "dcevev evdsvdv" ], "respondent_representative": null, "factual_background": "

THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS<\/strong><\/p>\n

The Complainant states that it is a French company in the fashion industry. Established in 1997 by Thierry Gillier, the brand “ZADIG & VOLTAIRE” is used for ready to-wear fashion, accessories and perfumes.<\/p>\n

The disputed domain name was registered on February 8, 2024 and resolves to a website that appears to be an online store selling the Complainant’s “ZADIG & VOLTAIRE” goods at discounted prices.<\/p>\n

The Complainant states that the disputed domain name is confusingly similar to its “ZADIG & VOLTAIRE“ trademark since it fully incorporates the Complainant’s trademark without the ampersand (&). The Complainant contends that this doesn’t eliminate the confusing similarity with the trademark. The Complainant also contends that the addition of a hyphen is not sufficient to distinguish the disputed domain name from the Complainant’s trademark.<\/p>\n

The gTLD <.com> does not affect confusing similarity.<\/p>\n

THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME<\/strong><\/p>\n

The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name and is not known by the disputed domain name.<\/p>\n

The Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither a license nor an authorization has been granted to the Respondent to make any use of the Complainant’s trademark or apply for registration of the disputed domain name.<\/p>\n

The disputed domain name is used to host the website to impersonate the Complainant and to mislead consumers into thinking that the goods allegedly offered for sale on the website originate from the Complainant. Such use demonstrates neither a bona fide offering of goods nor a legitimate interest of the Respondent. The Respondent failed at least one of the elements of the “Oki Data” test, i.e. the website linked to the disputed domain name does not disclose accurately and prominently the registrant’s relationship with the trademark holder.<\/p>\n

THE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH<\/strong><\/p>\n

The Complainant’s submissions on the bad faith element of the Policy can be summarized as follows:<\/p>\n

    \n
  1. The Complainant contends that the disputed domain name is confusingly similar to its “ZADIG & VOLTAIRE” trademark, registered several years before the registration of the disputed domain name and refers to previous UDRP decisions recognizing its mark a well-known mark.<\/li>\n
  2. Given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark.<\/li>\n
  3. The Complainant claims that Respondent registered and uses the disputed domain name in bad faith to create confusion with Complainant’s trademarks for commercial gain by using the confusingly similar domain name to resolve to website offering counterfeit or unauthorized versions of Complainant’s products. The Complainant states that using a confusingly similar domain name to trade upon the goodwill of Complainant’s mark can be evidence of bad faith under the Policy par. 4(b)(iv).<\/li>\n<\/ol>\n

    Therefore, the Complainant claims the disputed domain name was registered and being used in bad faith.<\/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's contentions are summarized in the Factual Background section above.<\/span><\/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 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": [ "Igor Motsnyi" ], "date_of_panel_decision": "2024-03-12 00:00:00", "informal_english_translation": "

    In this proceeding the Complainant relies on the following trademark registration:<\/p>\n

      \n
    • European Union (EU) trademark No. 005014171 “ZADIG & VOLTAIRE” (word), registered on June 8, 2007.<\/li>\n<\/ul>\n

      The Complainant also refers to its “ZADIG & VOLTAIRE” domain names portfolio including the domain name <zadig-et-voltaire.com> registered and used for its official website since May 16, 2002.<\/p>", "decision_domains": { "zadig-voltaire.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }