{ "case_number": "CAC-UDRP-107295", "time_of_filling": "2025-02-10 09:30:08", "domain_names": [ "pataugasenligne.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "V.G.M Holding" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Gerber Mary (GerberMary)" ], "respondent_representative": null, "factual_background": "

A<\/strong>. Complainant<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Complainant is a French company and the proprietor of the trade mark PATAUGAS, established in 1950 in the Basque region of France, renowned for its outdoor footwear.<\/p>\n

B<\/strong>. <\/span>Respondent<\/strong>'<\/span>s Factual Allegations<\/strong><\/p>\n

The Respondent has failed to submit a Response in this UDRP administrative proceeding, thereby rendering the Complainant's allegations uncontested.<\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or concluded legal proceedings pertaining to the domain name <pataugasenligne.com> ('the disputed domain name').<\/p>", "no_response_filed": "

A<\/strong>. Complainant<\/strong>'s Submissions<\/strong><\/p>\n

The Complainant's submissions may be summarised as follows:<\/p>\n

A<\/strong>.1 The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The Complainant argues that the disputed domain name is identical to the Complainant's trade mark and its associated domain name, as it wholly incorporates the Complainant's trade mark without any alteration. The addition of the French phrase 'en ligne' (meaning 'online' in English) does not sufficiently distinguish the disputed domain name from the Complainant's trade mark. The Complainant further contends that the addition of the generic Top-Level Domain ('the TLD') <.com> does not affect the overall impression or likelihood of confusion regarding the Complainant's trade mark. In accordance with paragraph 1.11.1 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition ('the WIPO Jurisprudential Overview 3.0'), the TLD is regarded as a standard registration requirement and is therefore disregarded in the context of confusing similarity. Thus, the disputed domain name is deemed confusingly similar to the Complainant's trade mark.<\/p>\n

A<\/strong>.2 The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The Complainant asserts that the Respondent has no rights or legitimate interests in the disputed domain name. The Respondent does not identify itself by  the disputed domain name, and past UDRP panels have held that a respondent was not commonly known by a domain name if the Whois information is not similar to the domain name.<\/p>\n

 The Complainant further states that it has no affiliation with, or authorisation granted to, the Respondent regarding the disputed domain name. There exists no license or permission for the Respondent to utilise the trade mark PATAUGAS or apply for registration of the disputed domain name. The use of the disputed domain name to disrupt the Complainant's business and impersonate the Complainant demonstrates a clear lack of rights or legitimate interests.<\/p>\n

A.3 The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

The Complainant posits that the disputed domain name contains the distinctive trade mark PATAUGAS, which has been established for many years and holds no generic or descriptive significance. The Respondent's awareness of the trade mark PATAUGAS and intent to create confusion via impersonation of the Complainant constitutes bad faith, as previously established in previous UDRP decisions. Additionally, redirecting to a competing online store undermines the Complainant's business.<\/p>\n

The Complainant further asserts that utilising a domain name to offer competing services is often regarded as disruptive and indicative of bad faith. In this context, the Complainant concludes that the Respondent has intentionally sought to attract, for commercial gain, Internet users by leveraging the Complainant's trade mark, thereby creating confusion regarding the source, sponsorship, affiliation, or endorsement of the Respondent's website, as articulated in paragraph 4(b)(iv) of the UDRP Policy.<\/p>\n

Based on these assertions, the Complainant concludes that the Respondent has registered and continues to use the disputed domain name in bad faith.<\/p>\n

B<\/strong>. <\/span>Respondent<\/strong>'<\/span>s Submissions<\/strong><\/p>\n

The Respondent has defaulted in this UDRP administrative proceeding, failing to advance any substantive defence.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP Policy).<\/p>", "procedural_factors": "

The Panel is satisfied that all procedural requirements under the UDRP have been met, with no grounds to delay the decision.  <\/p>", "decision": "Accepted", "panelists": [ "Gustavo Moser" ], "date_of_panel_decision": "2025-03-12 00:00:00", "informal_english_translation": "

V.G.M Holding ('the Complainant') asserts its rights to the following registered trade marks:<\/p>\n

• <\/span><\/em>International trade mark registration no. 1424305, registered on 18 May 2018, for the word mark PATAUGAS, in classes 18, 25, and 35 of the Nice Classification;<\/p>\n

 • <\/span><\/em>International trade mark registration no. 940767, registered on 21 August 2007, for the figurative mark PATAUGAS, in class 25 of the Nice Classification; and<\/p>\n

• <\/span><\/em>International trade mark registration no. 457031, registered on 17 December 1980, for the figurative mark PATAUGAS, in classes 9 and 25 of the Nice Classification.<\/p>\n

These marks shall be collectively referred to as 'the Complainant's trade mark’ or ‘the trade mark PATAUGAS'. Furthermore, the Complainant holds multiple domain names featuring the term 'pataugas', including <pataugas.com>, registered on 24 November 1999.<\/p>\n

The disputed domain name <pataugasenligne.com> was registered on 29 March 2024 and currently resolves to an online store that offers clothing and accessories under the trade mark PATAUGAS at discounted prices (referred to as 'the Respondent's website').<\/p>", "decision_domains": { "pataugasenligne.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }