Z&V (the Complainant), trading under the name ZADIG & VOLTAIRE, is a French company in the fashion industry. Established in 1997 by Thierry Gillier, the brand ZADIG & VOLTAIRE sells ready-to-wear fashion, accessories and perfumes.<\/p>\n
The disputed domain names <zadigetvoltairebelgië.com>, <zadigetvoltaireespaña.com>, <zadigetvoltaireperú.com>, <zadigetvoltairetürkiye.com> and <zadigvoltaireösterreich.com> were all registered by Zhang Qiang on 22 August 2023 and are currently inactive.<\/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 names.<\/p>", "no_response_filed": "
COMPLAINANT:<\/p>\n
The Complainant says the disputed domain names are confusingly similar to its registered word mark, ZADIG & VOLTAIRE, and that this is classic typo-squatting, where the ampersand, & sign in the EUTM, is replaced by the French word for, et,<\/em> (meaning and) or omitted but otherwise the distinctive word mark is included in full. It cites a similar case, WIPO Case No. DCO2020-0015, ZV Holding v. Zhang Wei <zadig-et-voltaire.co> and says the use of the .com and the addition of country names gives the impression that the disputed domain names are the official domains of its sales subsidiaries or branches and compounds the confusion, as does the similarity with the Complainant's own domain name. <\/p>\n The Complainant says the Respondent, Zhang Qiang, is not identified in the Whois database by the disputed domain names and has no legitimate rights or interests and there is no such use.<\/p>\n The Complainant says prior UDRP panels have established that the trademark is well-known. Please see for instance WIPO Case No. Case No. D2021-0918, Z&V v. <\/em>颜文君<\/em> (Wen Jun Yan). <\/em>As prior UDRP panels have held, the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use. See WIPO Case No. D2000-0003, Telstra Corporation Limited v. Nuclear Marshmallows <\/em>and WIPO Case No. D2000-0400, CBS Broadcasting, Inc. v. Dennis Toeppen.<\/em><\/p>\n RESPONDENT:<\/p>\n NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>",
"rights": " The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [
"Victoria McEvedy"
],
"date_of_panel_decision": "2024-03-26 00:00:00",
"informal_english_translation": " The Complainant is the owner of the European trademark, EUTM n°005014171, for the word mark, ZADIG & VOLTAIRE, filed on 17 June 2006 and registered on 8 June 2007 in class 3 for Soaps; perfumery, cosmetics, hair lotions. That is a unitary mark valid in all 27 member states.<\/p>\n The Complainant also owns a domain name portfolio, which domains include its distinctive word mark, ZADIG & VOLTAIRE. The main domain name is <zadig-et-voltaire.com> registered since 16 May 2002.<\/p>",
"decision_domains": {
"xn--zadigetvoltairebelgi-13b.com ": "TRANSFERRED",
"xn--zadigetvoltaireespaa-m7b.com ": "TRANSFERRED",
"xn--zadigetvoltaireper-05b.com ": "TRANSFERRED",
"xn--zadigetvoltairetrkiye-oic.com ": "TRANSFERRED",
"xn--zadigvoltairesterreich-6hc.com ": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}