{ "case_number": "CAC-UDRP-106664", "time_of_filling": "2024-07-08 09:59:39", "domain_names": [ "highsnobiety.website" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Titel Media GmbH" ], "complainant_representative": "Dr Julian Erfurth (Lubberger Lehment Rechtsanwälte Partnerschaft mbB)", "respondent": [ "john doue" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n

The Complainant is the owner of the global fashion and lifestyle media brand HIGHSNOBIETY®. The company was founded in 2005 by David Fischer. It has rapidly grown since then and is an established media and lifestyle brand, well-known not only in Europe and Germany, where the company has its seat, but also in other parts of the world, such as the United States or Japan.<\/p>\n

The Complainant was bought by online fashion company Zalando in 2022. It is headquartered in Berlin and has offices in Amsterdam, London, Milan, New Work, Los Angeles and Sydney. The Complainant is running a flagship store in one of Berlin’s most prestigious boulevards. Moreover, the Complainant is acting as an agency. The Highsnobiety agency offers an end- to-end solution for brands, from consumer insights, strategy and consultancy, creative concepts and production and media.<\/p>\n

The Complainant is operating the website www.highsnobiety.com. The Complainant’s domain <highsnobiety.com> was registered already in 2005.<\/p>\n

The Complainant, is the owner of several trademarks consisting of the term “HIGHSNOBIETY®”, such as: International Registration no. 1306247 “HIGHSNOBIETY” in classes 9, 16, 25, 35, 38, and 41 registered on March 9, 2016; International Registration no. 1756626 “HIGHSNOBIETY” in classes 9,35, 38, 41 and 42, registered on November 9, 2022; the US trademark no. 5238644 “HIGHSNOBIETY” in classes 41, 9, 16, 38, 25, 35 registered on July 11, 2017, among others.<\/p>\n

The disputed domain name <highsnobiety.website> was registered on December 21, 2023 (hereinafter, the “Disputed Domain Name”).<\/p>\n

The Complainant indicates that the Disputed Domain Name resolves to an inactive website. <\/p>\n

According to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the Disputed Domain Name and the Complainant is not related in any way to the Complainant’s business.<\/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

The facts asserted by the Complainant are not contested by the Respondent.<\/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 is identical to its trademark “HIGHSNOBIETY®“.<\/p>\n

The Complainant asserts that the Disputed Domain Name “highsnobiety.website” is identical to the protected sign “HIGHSNOBIETY®”. The Disputed Domain Name consists exclusively of the “HIGHSNOBIETY®” trademark. The TLD “.website” is to be ignored for the purpose of assessing the identity, because it only plays a technical function.<\/p>\n

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

The Complainant contends that no authorization has been given to anyone to make any use or apply for registration of the Disputed Domain Name and have no affiliation at all with the Respondent.<\/p>\n

In particular, the Respondent is not making a legitimate non-commercial or fair use of the Disputed Domain Name. The Complainant has not licensed or otherwise permitted the Respondent to use its trademark. There is no relationship between the Complainant and the Respondent. In addition, the term “Highsnobiety” is an invented word and as such the Respondent selected the term to create an impression of an association with the Complainant.<\/p>\n

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

The Complainant states that the Disputed Domain Name is identical to its trademark HIGHSNOBIETY®.<\/p>\n

In addition, the Complainant’s brand HIGHSNOBIETY® is well-known to significant parts of the public in the EU, USA and Japan. The brand is associated exclusively with the Complainant. Thus, the Respondent should have known about the Complainant at the time of the registration of the Disputed Domain Name.<\/p>\n

The Respondent is concealing its identity by neither providing an imprint on the website not revealing its name in the Whois, but rather using a privacy service. Finally, there is no plausible good faith use of the domain name by the Respondent. The term “highsnobiety” is a neologism alluding to the term high society. It has no meaning and therefore is not a generic term. Also, from the perspective of the relevant public, the sign “highsnobiety” is exclusively associated with the Complainant.<\/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": "2024-08-08 00:00:00", "informal_english_translation": "

The Complainant, is the owner of several trademarks consisting of the term “HIGHSNOBIETY®”, such as:<\/p>\n