{ "case_number": "CAC-UDRP-106320", "time_of_filling": "2024-03-04 09:45:45", "domain_names": [ "zadigeu.shop" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Z&V" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "sdasfasdf cxzcsd" ], "respondent_representative": null, "factual_background": "

The Complainant is a prominent French company in the fashion industry which uses the business name Z&V. <\/span>The Complainant has registered trademark rights in the ZADIG & VOLTAIRE trademark by virtue of its registration of the trademark for ZADIG & VOLTAIRE with the European Union Intellectual Property Office (“EUIPO”).<\/span><\/p>\n

The Complainant is also the owner of the domain name<\/span><zadig-et-voltaire.com> under which it provides its services and which it<\/span> registered on May 16, 2002.<\/span><\/p>\n

The Respondent registered the <zadigeu.shop>domain name on January 17, 2024 (\"the disputed domain name\").<\/span><\/p>\n

The Complainant has become aware that in registering and using the disputed domain name, the Respondent has copied its ZADIG & VOLTAIRE trademark and has used the disputed domain name for a website on which it purports to be the Complainant and to be offering for sale goods that it falsely claims are products of the Complainant, whereas in reality they are counterfeit and goods that the Respondent is not authorized to offer for sale.<\/span><\/p>\n

The Complainant has concluded that the conduct of the Respondent in that regard is misleading to the public, a breach of the Complainant's trademark and damaging to the Complainant and its brand and business. Hence it has brought this proceeding to have the disputed domain name transferred to itself. <\/span><\/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.<\/span><\/p>", "no_response_filed": "

         A. Complainant<\/span><\/p>\n

         Complainant made the following contentions.<\/span><\/p>\n

    \n
  1. The Complainant is a prominent French company in the fashion industry and a legal entity which uses the business name Z&V.<\/span><\/li>\n
  2. The ZADIG & VOLTAIRE trademark has become prominent, has attracted substantial goodwill and is uniquely associated with the Complainant’s goods and services.<\/span><\/li>\n
  3. The Complainant had acquired its trademark rights in the ZADIG & VOLTAIRE trademark prior to the date when the Respondent registered the disputed domain name.<\/span><\/li>\n
  4. In registering the disputed domain name, the Respondent incorporated in it the dominant portion of Complainant’s ZADIG & VOLTAIRE trademark, namely “ZADIG” without any authority to do so, and added the letters “eu”, a  well-known abbreviation for “Europe” and the generic Top Level Domain “.shop”. These changes do not negate the confusing similarity between a domain name and a mark per Policy paragraph 4(a)(i) that is otherwise present, as it is in the present case.<\/span><\/li>\n
  5. The disputed domain name is therefore confusingly similar to the Complainant’s ZADIG & VOLTAIRE trademark. <\/span><\/li>\n
  6. The Respondent has no rights or legitimate interests in the disputed domain name. That is so because:<\/span><\/li>\n<\/ol>\n

              (a) the Respondent is not commonly known by the disputed domain name as the WHOIS records of the domain name show that the registrant of the domain name does not have a name that is even  <\/span><\/p>\n

              similar to the domain <\/span>name;   <\/span><\/span><\/p>\n

              (b) the Complainant is not affiliated with or authorized by the Respondent in any way;<\/span><\/p>\n

              (c) the Respondent does not carry out any activity for, nor has any business with, the Complainant;<\/span><\/p>\n

              (d) the <\/span>Complainant has not licensed the ZADIG & VOLTAIRE trademark to the Respondent, and the Complainant has not granted Respondent any right, authorization, or permission to use the <\/span><\/p>\n

              Complainant’s <\/span> trademark<\/span> in <\/span>a domain name or in any other way;<\/span><\/p>\n

              (e) the Respondent has caused the domain name to be used to resolve to a website where it impersonates the Complainant and attempts to mislead internet users into thinking that the goods<\/span><\/p>\n

              purportedly offered for sale on the website originated with the Complainant;<\/span><\/p>\n

              (f) the aforesaid website does not disclose accurately and prominently the true relationship between the Complainant and the Respondent;<\/span><\/p>\n

    The Respondent has registered and used the disputed domain name in bad faith. The Respondent has registered and used the disputed domain name in bad faith. because the Complainant contends that:<\/span><\/p>\n

             (a) the disputed domain name is confusingly similar to the ZADIG & VOLTAIRE trademark, it was registered after the registration of the trademark and the trademark is well-known;<\/span><\/p>\n

             (b) the evidence will show that the Respondent registered the disputed domain name with actual knowledge of the Complainant and its trademark rights;<\/span><\/p>\n

             (c) the evidence will show that the Respondent has registered and used the domain name to create confusion with the Complainant’s trademark for commercial gain by using it to resolve to the <\/span>aforesaid website which offers counterfeit or unauthorized versions of the Complainant’s products in competition with the Complainant’s official and legitimate products and within the meaning of<\/span> Policy paragraph 4(b)(iv).<\/span><\/p>\n

             11. The Complainant has cited numerous prior UDRP decisions to support its contentions.<\/span><\/p>\n

             12. It is therefore submitted by the Complainant that it has shown all of the elements that it must establish under the UDRP and that the domain name should be transferred from the Respondent to the <\/span>Complainant.<\/span><\/p>\n

             B. Respondent<\/span><\/p>\n

             The Respondent did not file a Response in this proceeding.<\/span><\/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).<\/span><\/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).<\/span><\/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).<\/span><\/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.<\/span><\/p>", "decision": "Accepted", "panelists": [ "Neil Brown" ], "date_of_panel_decision": "2024-03-27 00:00:00", "informal_english_translation": "

    The Complainant has established by evidence that it has rights in the ZADIG & VOLTAIRE trademark by virtue of its registration of the trademark for ZADIG & VOLTAIRE with the European Union Intellectual Property Office (“EUIPO”), registered Number 005014171, which was registered on June 8, 2007 (“the ZADIG & VOLTAIRE trademark”).<\/p>", "decision_domains": { "zadigeu.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }