{ "case_number": "CAC-UDRP-106173", "time_of_filling": "2024-01-29 10:11:34", "domain_names": [ "patekphilippegeneve.com " ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "PATEK PHILIPPE SA GENEVE" ], "complainant_representative": "Mrs Lucie PREVOST (Cabinet Vidon, Marques & Juridique PI)", "respondent": [ "Samy FERRADJI" ], "respondent_representative": null, "factual_background": "

The Complainant is a family-owned company established under the laws of Switzerland, based in Geneva. It is one of the most recognized companies in the history of Swiss watchmaking industry, being many times awarded for both its innovations and designs.<\/p>\n

The manufacture was founded in 1839 and the name \"PATEK PHILIPPE\" has its origin in the name of the two founders: Antoine Norbert de Patek and Jean-Adrien Philippe. Over the years, it has risen to the top of the luxury watch industry under the PATEK PHILIPPE trademark.<\/p>\n

The Complainant offers connoisseurs high-end watches and accessories around the world. It has over 300 retail locations globally and a dozen of distributors across America, Asia, Europe.<\/p>\n

As a result of the Complainant's extensive advertising and promotional efforts, as well as its commercial success, the PATEK PHILIPPE trademark has become one of the most renown trademarks in its field of activity.<\/p>\n

The disputed domain name was registered on 6 December 2023 and it does not resolve to any active website. E-mail server (MX) records have been configured in relation to the disputed domain name.<\/p>\n

Upon the CAC's verification request, the Registrar identified the underlying registrant as Samy Ferradji, an individual residing in the city of Colmar in France.<\/p>\n

The Respondent has not contested the facts asserted by the Complainant, but he has stated that he is not the real registrant of the disputed domain name.<\/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 the disputed domain name is confusingly similar to its trademark, since the PATEK PHILIPPE trademark is incorporated in its entirety and the addition of the geographical term \"GENEVE\" is not sufficient to escape the finding of likelihood of confusion between the disputed domain name and the Complainant's trademark.<\/p>\n

The Complainant also contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not known by the disputed domain name. The Complainant does not have any relationship with the Respondent. The Respondent is neither affiliated with, nor authorized by the Complainant in any way to make any use of the Complainant’s PATEK PHILIPPE trademark or to register the disputed domain name. In addition, the fact that the Respondent chose to hide his identity behind a privacy shield is a proof of a use without bona fide of the disputed domain name.<\/span><\/p>\n

Finally, the Complainant contends that, given the distinctiveness and reputation of the PATEK PHILIPPE trademark, it is unlikely that the Respondent had no knowledge of the Complainant's mark when he had registered the disputed domain name confusingly similar to such mark. As for the use of the disputed domain name, it does not resolve to any active website but it is enabled to send e-mails potentially for fraudulent (phishing) purposes. It is obvious that any email sent from an e-mail address including @patekphilippegeneve.com could be perceived as originating from the Complainant or at least an affiliated company. Therefore, the configuration of e-mail server records cannot be considered a use in good faith of the disputed domain name.<\/p>\n

The Complainant requests the transfer of the disputed domain name.<\/p>\n

RESPONDENT:<\/p>\n

The Respondent has filed a short declaration, stating that his contact details have been misused for the registration of the disputed domain name, and he has nothing to do with it or with the related website.<\/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": [ "Ivett Paulovics" ], "date_of_panel_decision": "2024-03-13 00:00:00", "informal_english_translation": "

The Complainant has been conducting its luxury watchmaking business activities under the company name PATEK PHILIPPE SA GENEVE since 1901.<\/p>\n

The Complainant is owner of an extensive trademark portfolio with registrations for the PATEK PHILIPPE trademark in numerous jurisdictions, including but not limited to the following marks:<\/p>\n