{
    "case_number": "CAC-UDRP-107282",
    "time_of_filling": "2025-02-03 13:00:11",
    "domain_names": [
        "sumeria-contact.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "LYDIA SOLUTIONS"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Virginie Selvetti"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a French fintech payment services provider founded in 2011 and specialized in mobile payments. Since 2024, the Complainant has been offering an interest-bearing current account service under the trademark SUMERIA.<\/p>\n<p>The Complainant is the owner of the domain name &lt;sumeria.eu&gt;, registered on February 18, 2023, and used by the Complainant to promote its services under the trademark SUMERIA.<\/p>\n<p>The disputed domain name &lt;sumeria-contact.com&gt; was registered on September 11, 2024, and does not resolve to an active website. The disputed domain name has MX records configured.<\/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>COMPLAINANT<\/p>\n<p>The Complainant contends that the disputed domain name &lt;sumeria-contact.com&gt; is confusingly similar to the trademark SUMERIA in which the Complainant has rights as it reproduces the trademark in its entirety with the mere addition of the generic term &ldquo;contact&rdquo; and the generic Top-Level Domain (&ldquo;gTLD&rdquo;) &ldquo;.com&rdquo;, which does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain name.<\/p>\n<p>The Complainant also asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name since: i) the Respondent is not commonly known by the disputed domain name; ii) the Respondent is in no way affiliated with the Complainant and does not carry out any activity for, nor has any business with the Complainant; iii) the Respondent has not been licensed or authorized by the Complainant to use the SUMERIA mark or to register the disputed domain name; and iv) the disputed domain name is inactive.<\/p>\n<p>The Complainant claims that the Respondent registered and used the disputed domain name in bad faith because: i) the term SUMERIA is not a generic term and has no meaning in the English language or in other languages; ii) though the SUMERIA offer is recent, the term is known in relation with the Complainant, as shown by a Google search for &ldquo;sumeria&rdquo;, which returns results about the Complainant; iii) given the distinctiveness and reputation of the trademark SUMERIA, the Respondent registered the disputed domain name in full knowledge of the Complainant; iv) the disputed domain name is inactive and has been ever since its registration; and v) since the disputed domain name has been set up with MX records, it may be actively used for e-mail purposes, a circumstance indicative of bad faith registration and use because any e-mail emanating from the disputed domain name could not be used for any good faith purpose.<\/p>\n<p>RESPONDENT<\/p>\n<p>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": [
        "Luca Barbero"
    ],
    "date_of_panel_decision": "2025-03-13 00:00:00",
    "informal_english_translation": "<p>The Complainant has provided evidence of ownership of rights in the trademark SUMERIA for the purpose of standing to file a UDRP complaint.<\/p>\n<p>The Complainant is the owner of the following trademark registrations for SUMERIA:<\/p>\n<p>- European Union trademark registration No. 018977546 for SUMERIA (word mark), filed on January 23, 2024, and registered on May 28, 2024, in classes 9 and 36;<\/p>\n<p>- European Union trademark registration No. 019022606 for SUMERIA (figurative mark), filed on May 3, 2024, and registered on September 19, 2024, in classes 9, 35, 36 and 42.<\/p>",
    "decision_domains": {
        "sumeria-contact.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}