{ "case_number": "CAC-UDRP-106594", "time_of_filling": "2024-06-11 08:57:17", "domain_names": [ "foncia-astra-jo.com " ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "EMERIA EUROPE" ], "complainant_representative": "AUDE GUILLERMARD (ATOUTPI LAPLACE)", "respondent": [ "FONCIA ASTRA" ], "respondent_representative": null, "factual_background": "

The Complainant, EMERIA EUROPE, is French company specializing in real estate services, providing services to individuals and companies. The Complainant has provided evidence of ownership of the registrations for the marks \"FONCIA”.<\/p>\n

The disputed domain name was registered on 9 May 2024 and resolved to an active page reproducing the Complainant’s trademark. It currently resolves to an error page.<\/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<\/strong><\/p>\n

The disputed domain name is confusingly similar to the Complainant’s trademarks FONCIA and its domain names. The Complainant contends that the marks are entirely reproduced in the disputed domain name.<\/p>\n

Per the Complaint, the Respondent is not authorized by the Complainant in any way and that Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant equally asserts that the use of the domain name in connection to an active website offering real estate services is neither fair, legitimate or non-commercial. On the contrary, the Complainant submits that the disputed domain name is used to disrupt the Complainant’s business.<\/p>\n

As regards the bad faith of the Respondent, the disputed domain name includes the distinctive and well-known trademark FONCIA. It is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.<\/p>\n

Furthermore, the Complainant argues that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his web site, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his website. Therefore, the Complainant deems that the Respondent has registered and is using the domain name at issue in order to intentionally divert traffic away from the Complainant’s web site. MX records are also configured, suggesting that the domain name may be actively used for phishing purposes.<\/p>\n

 <\/p>\n

RESPONDENT<\/strong><\/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": [ "Arthur Fouré" ], "date_of_panel_decision": "2024-07-23 00:00:00", "informal_english_translation": "

The Complainant has provided evidence of ownership of a large number of trademarks, including the following:<\/p>\n