{
    "case_number": "CAC-UDRP-106995",
    "time_of_filling": "2024-11-06 09:36:20",
    "domain_names": [
        "fendionlinesale.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "FENDI SRL"
    ],
    "complainant_representative": "INSIDERS",
    "respondent": [
        "Jack Sparrow"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a well-known company existing since 1925, with over 215 stores all over the world, where it promotes and offers for sale its products under the trademark FENDI in both physical boutiques and on the website fendi.com.<\/p>\n<p>On the website under the disputed domain name, it is stated at the bottom that it is a &ldquo;Replica Fendi Outlet Sale Store&rdquo; offering Fendi fake bags. Also, the FENDI logo is used.<\/p>\n<p>The disputed domain name was registered on December 20, 2021.<\/p>",
    "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>The Complainant, inter alia, contends, that the domain name contains in its entirety the word FENDI, identical to the registered FENDI word mark. &ldquo;Online-sale&rdquo;, occurring after the trademark in the domain name, is simply clarifying that sales take place on the website. Such addition does not allow a clear distinction between the registered trademark and the domain name in question, and create a strong likelihood of confusion among the public. The Respondent is not affiliated with the Complainant in any way and was not authorized by the Complainant to use the registered FENDI trademark. The Respondent has no legitimate interest in the domain name in question, since the whois records show no business name that may justify an interest in the domain. The Respondent is also not an authorized FENDI retailer, nor are they commonly known by the disputed domain name &ndash; in fact their name is kept private in the WHOIS records. The domain name in question has been both acquired and is being used in bad faith as it features &ldquo;Fendi&rdquo; items. It even explicitly states that the website is a &ldquo;Replica Fendi Outlet Sale Store&rdquo;. The website to which the domain name resolves was designed to create an appearance of connection with FENDI by copying FENDI logo and using it as its own.<\/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": [
        "Dietrich Beier"
    ],
    "date_of_panel_decision": "2024-12-11 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of several trademarks for FENDI, inter alia the European Union Trademark FENDI 003500535 registered since August 8, 2005 in several classes, being in effect.<\/p>",
    "decision_domains": {
        "fendionlinesale.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}