{ "case_number": "CAC-UDRP-107178", "time_of_filling": "2024-12-13 14:21:47", "domain_names": [ "wwwmatmut.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "MATMUT" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Soumyajit Jana" ], "respondent_representative": null, "factual_background": "

Created in 1961, the Complainant, Matmut (“Mutuelle Assurance des Travailleurs Mutualistes”), is an insurance company. The Complainant introduces itself as a major player in the French market. The Complainant has over 4,5 million members and more than 8,3 million contracts, registering a turnover of 2 923 million euros.<\/p>\n

The Respondent is Soumyajit Jana with the address of residence in India.<\/p>\n

The disputed domain name was registered November 10, 2024 and at the moment of filing the complaint resolved to a website offering mats for sale. Besides, MX servers are configured.<\/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": "

The Complainant<\/strong><\/p>\n

The Complainant asserts that all the elements enumerated in paragraph 4(a) of the Policy and the corresponding provisions in the Rules have been satisfied. Specifically, the Complainant contends the following:<\/p>\n

    \n
  1. The disputed domain name is confusingly similar to the Complainant’s registered MATMUT The addition of the prefix “WWW” does not negate a finding of confusing similarity to the Complainant’s trademarks and it does not change the overall impression of the designation as being connected to the trademark MATMUT. The inclusion of the generic Top-Level Domain (gTLD) “.com” is a standard registration requirement and should be disregarded in the analysis.<\/li>\n
  2. The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant asserts that the Respondent is not identified in the WHOIS database as the disputed domain name. The Complainant has not authorized the Respondent to use its mark, and there is no relationship or license between the Complainant and the Respondent. The Respondent has not used it in connection with a bona fide offering of goods or services. Instead, the disputed domain name resolves to a platform offering mats. The Complainant contends that the Respondent used the disputed domain name in a way that fails to confer rights and legitimate interests, as it is used to promote unrelated services. <\/li>\n
  3. The disputed domain name was registered and is being used in bad faith. The term “MATMUT” has no signification except in relation to the Complainant, and a simple Google search shows the Complainant’s trademark presence online. Given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks and rights. The disputed domain name resolves to a website offering mats. The Complainant contends that the Respondent attempts to attract internet users by creating a likelihood of confusion with the Complainant’s trademark. The Respondent is obtaining commercial gain from its use of the domain name and the resolving website.  The  it has been set up with MX records which suggests that it may be actively used for email purposes. This is also indicative of bad faith registration and use because any email emanating from the disputed domain name could not be used for any good faith purpose.<\/li>\n<\/ol>\n

    The Complainant requires the disputed domain name to be transferred.<\/p>\n

    The Respondent<\/strong><\/p>\n

    The Respondent did not reply to the Complainant’s contentions.<\/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": [ "Ganna Prokhorova" ], "date_of_panel_decision": "2025-01-18 00:00:00", "informal_english_translation": "

    The Complainant is the owner of the following trademark registrations, namely:<\/p>\n

      \n
    • European trademark MATMUT n° 003156098 registered on May 26, 2005 in classes 36, 37, 42 and 44; and<\/li>\n
    • French trademark MATMUT & dev. n° 98728962 registered on April 17, 1998 in classes 16, 35, 36, 38, 42 and 45.<\/li>\n<\/ul>\n

      The Complainant is also the owner of several domain names related to its MATMUT trademark, including, among others, <matmut.com> registered since September 16, 1998 and <matmut.fr> registered since June 23, 1997.<\/p>", "decision_domains": { "wwwmatmut.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }