{
    "case_number": "CAC-UDRP-107610",
    "time_of_filling": "2025-05-26 10:42:13",
    "domain_names": [
        "sezane-eur.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BENDA BILI"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "shi yin zhang shi yin zhang"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a company specialized in ready-to-wear collections and accessories for women. It trades under its commercial name and trade mark, SEZANE. The name &ldquo;Sezane&rdquo; is a contraction of the first name and last name of the Complainant&rsquo;s founder and President, Morgane S&eacute;zalory. The Complainant&rsquo;s goods are available only through its online shop.<\/p>\n<p>The Respondent registered the disputed domain name on May 17, 2025. At the time of filing the Complaint, the disputed domain name resolved to an online store for clothes and accessories at discounted prices under the SEZANE brand.<\/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><b>ATTENTION! No administratively compliant Response has been filed.<\/b>&nbsp;<br \/>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. <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 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 language of the Registration Agreement for the disputed domain name is Chinese.&nbsp; Pursuant to the Rules for the <span>Uniform Domain Name Dispute Resolution Policy (the &ldquo;Rules&ldquo;)<\/span>, paragraph 11(a), in the absence of an agreement between the parties, or unless specified otherwise in the registration agreement, the language of the administrative proceeding shall be the language of the registration agreement.<\/p>\n<p>The Complaint was filed in English. The Complainant requested that the language of the proceedings be English since (i) the disputed domain name consists of the Complainant&rsquo;s SEZANE trade mark, and the English geographical term &ldquo;EUR&rdquo;; and (ii) the disputed domain name resolves to a webpage consisting of words in the French language, as opposed to Chinese.<\/p>\n<p>The Panel notes from the evidence submitted that the Respondent&rsquo;s website also contained English words such as &ldquo;boots&rdquo;, &ldquo;ballerinas&rdquo; &ldquo;mocassins&rdquo;, &ldquo;shirt&rdquo;, &ldquo;cardigan&rdquo; and &ldquo;bracelet&rdquo;.<\/p>\n<p>The Respondent did not make any submissions with respect to the language of the proceeding.&nbsp;<\/p>\n<p>In exercising its discretion to use a language other than that of the registration agreement, the Panel has to exercise such discretion judicially in the spirit of fairness and justice to both parties, taking into account all relevant circumstances of the case, including matters such as the language\/script of the domain name particularly where the same as that of the complainant&rsquo;s mark, potential unfairness or unwarranted delay in ordering the complainant to translate the complaint, and other indicia tending to show that it would not be unfair to proceed in a language other than that of the registration&nbsp;agreement (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (&ldquo;WIPO Overview 3.0&rdquo;), section 4.5.1).<\/p>\n<p>Having considered the circumstances of this case including the composition of the disputed domain name which contains the English abbreviation &ldquo;EUR&rdquo;, and the language of the contents of the Respondent&rsquo;s website, the Panel determines under paragraph 11(a) of the Rules that the language of the proceeding shall be English.&nbsp; There does not appear to be any reasons which warrant a delay and additional expense in ordering the Complainant to translate the Complaint. The Respondent could have objected and provided reasons in support of why the conduct of this proceeding in English would be unfair to him. Since he chose not to respond, the Panel finds no merit in requiring the Complainant to translate the Complaint into Chinese<\/p>\n<p><strong>Other procedural matters<\/strong><\/p>\n<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": [
        "Francine Tan"
    ],
    "date_of_panel_decision": "2025-06-27 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of, inter alia, International trademark registration No. 1170876 for &ldquo;SEZANE&rdquo;, registered on June 3, 2013. The International registration designates various territories including the European Union, the U.S., Australia, New Zealand, Singapore and China.<\/p>\n<p>The Complainant is the owner of various domain names, including its primary domain name, &lt;sezane.com&gt;, registered on April 3, 2003.<\/p>\n<p><\/p>",
    "decision_domains": {
        "sezane-eur.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}