{ "case_number": "CAC-UDRP-106368", "time_of_filling": "2024-03-20 14:09:36", "domain_names": [ "zadig-us.top" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Z&V" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Baswvad Wild" ], "respondent_representative": null, "factual_background": "

FACTS PROVIDED BY THE COMPLAINANT:<\/strong><\/p>\n

The Complainant is a French company in the fashion industry established in 1997 by Thierry Gillier. The brand ZADIG & VOLTAIRE®  stands for ready-to-wear fashion, accessories and perfumes.<\/p>\n

The Complainant contends that its trademark \"ZADIG & VOLTAIRE®\" is widely used in the fashion industry.<\/p>\n

The Complainant is the owner of the European trademark ZADIG & VOLTAIRE® since 2007 as well as the domain name <zadig-et-voltaire.com> registered since 2002.<\/p>\n

The disputed domain name <ZADIG-US.TOP> (hereinafter, the “Disputed Domain Name”) was registered on March 19, 2024 by Baswvad Wild based in the USA and it resolves to a a website purporting to be an online store selling the Complainant’s ZADIG & VOLTAIRE products at discounted prices.<\/p>\n

For the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the Disputed Domain Name and that the language of the registration agreement is English.<\/p>\n

Respondent did not reply to the Complaint.<\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/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

First element: Similarity<\/p>\n

The Complainant states that the Disputed Domain Name  <ZADIG-US.TOP> is confusingly similar to its trademark ZADIG & VOLTAIRE®. In this regard, the Complainant indicates that the Disputed Domain Name incorporates the first and main part (ZADIG) of Complainant’s ZADIG & VOLTAIRE® trademark in its entirety.<\/p>\n

In accordance with Complainant, the addition of the geographic term “EU” (short for European Union) does not prevent a finding of confusing similarity as the first and main part (ZADIG) of the ZADIG & VOLTAIRE® trademark remains clearly recognizable [regarding this contention see Panel´s assessment in the PRINCIPAL REASONS FOR THE DECISION part below].<\/p>\n

Besides, the Complainant contends that the addition of the new TLD “.TOP” does not change the overall impression of the designation as being connected to the Complainant’s trademark. It does not prevent the likelihood of confusion between the Disputed Domain Name and the Complainant, its trademark and its domain names associated.<\/p>\n

Second element: Rights or legitimate interest<\/p>\n

The Complainant asserts that the Respondent is not identified in the Whois database as the Disputed Domain Name. Furthermore, t<\/span>he Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n

Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark ZADIG & VOLTAIRE®, or apply for registration of the Disputed Domain Name by the Complainant.<\/p>\n

Furthermore, there is no information about the company connected with the Respondent. As to the use of the Disputed Domain Name, the Complainant states that the Disputed Domain Name is used to host the website to impersonate the Complainant and attempt to mislead consumers into thinking that the goods purportedly offered for sale on the website originate from Complainant.<\/p>\n

Third element: Bad faith<\/p>\n

The Complainant contends that the Disputed Domain name is confusingly similar to its trademark ZADIG & VOLTAIRE®, registered several years before the registration of the Disputed Domain Name.  In this vein, the Complainant indicates that its trademark ZADIG & VOLTAIRE® has been established as well-known by prior UDRP panels.<\/p>\n

Given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the Disputed Domain Name with full knowledge of the Complainant's trademark.<\/p>\n

The Complainant finds 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 Disputed Domain Name to resolve to website offering counterfeit or unauthorized versions of Complainant’s products in direct competition with the Complainant’s products. Using a confusingly similar domain name to trade upon the goodwill of a complainant can evince bad faith under Policy<\/p>\n

Based on the above, the Complainant contends that Respondent acquired the Disputed Domain Name with the only intention to attract for commercial gain internet users to the Respondent’s website<\/p>\n

RESPONDENT<\/p>\n

Respondent did not reply to the Complaint.<\/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": [ "Victor Garcia Padilla" ], "date_of_panel_decision": "2024-04-19 00:00:00", "informal_english_translation": "

The Complainant is the owner of the European trademark No. 005014171 ZADIG & VOLTAIRE® registered since June 18, 2007 in class 03. In addition, the Complainant owns the domain name <zadig-et-voltaire.com> created since May 16, 2002.<\/p>", "decision_domains": { "zadig-us.top": "TRANSFERRED" }, "panelist": null, "panellists_text": null }