{
    "case_number": "CAC-UDRP-106787",
    "time_of_filling": "2024-08-09 08:58:26",
    "domain_names": [
        "holvia-porc.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "HOLVIA PORC"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Dane  Solivan"
    ],
    "respondent_representative": null,
    "factual_background": "<div>\n<p><span lang=\"EN-GB\">The Complainant is specialized in the slaughter and cutting of culled sows and pigs for pork butchers. The Complainant&rsquo;s Laval site in Mayenne is France's leading sow abattoir.<o:p><\/o:p><\/span><\/p>\n<\/div>\n<div>\n<p><span lang=\"EN-GB\">The Complainant owns the French national trademark &ldquo;HOLVIA PORC&rdquo;, no. <\/span>3792659<span lang=\"EN-GB\">, registered on 13 May 2011, for goods and services in classes <\/span>29, 30, 31, 43<span lang=\"EN-GB\">.<o:p><\/o:p><\/span><\/p>\n<\/div>\n<div>\n<p><span lang=\"EN-GB\">The Complainant also owns the domain name &lt;holviaporc.com&gt; registered since 15 June, 2023.<o:p><\/o:p><\/span><\/p>\n<\/div>\n<div>\n<p><span lang=\"EN-GB\">The disputed domain name&nbsp;&lt;holvia-porc.com&gt; was registered on 5 February, 2024 and resolved at the time when the Complaint was filed to an online shop which marketed pig parts produced in Laval under the name &ldquo;HOLVIA PORC&rdquo;, and displaying the Complainant&rsquo;s contact information ([&hellip;]@holviaporc.com). Moreover, based on the evidence available in the file, at the time when the Complaint was filed, MX servers were configured in relation to the disputed domain name.<o:p><\/o:p><\/span><\/p>\n<\/div>",
    "other_legal_proceedings": "<p>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": "<p>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n<p style=\"font-weight: 400;\"><span>&nbsp;<\/span><span>The Complainant's contentions are the following:<br \/><br \/>The disputed domain name &lt;holvia-porc.com&gt; is identical to the Complainant's earlier trademark HOLVIA PORC, that the Respondent lacks rights or legitimate interests in the disputed domain name for a number of reasons and that the disputed domain name was registered and is being used in bad faith. <\/span><\/p>\n<p><br \/>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Delia-Mihaela Belciu"
    ],
    "date_of_panel_decision": "2024-09-16 00:00:00",
    "informal_english_translation": "<p style=\"font-weight: 400;\"><span>The Complainant bases its Complaint on the French national trademark &ldquo;HOLVIA PORC&rdquo;, no. <\/span>3792659<span>, registered on 13 May 2011, for goods and services in classes <\/span>29, 30, 31, 43.<\/p>",
    "decision_domains": {
        "holvia-porc.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}