WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Goyard St-Honoré v. Haonan Chen
Case No. D2014-0233
1. The Parties
The Complainant is Goyard St-Honoré of Paris, France, represented by Lexington, France.
The Respondent is Haonan Chen of, Beijing, China.
2. The Domain Names and Registrar
The disputed domain names <sacgoyardfr.com> and <sacgoyardprix.com> are registered with GoDaddy.com, LLC
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 14, 2014. On February 14, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On February 14, 2014, the Registrar transmitted by email to the Center its verification response [confirming that the Respondent is listed as the registrant and providing the contact details.
The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on February 21, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was March 13, 2014. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 18, 2014.
The Center appointed Douglas Clark as the sole panelist in this matter on March 30, 2014. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
4. Factual Background
The Complainant is a French luxury goods house, operating since 1853 under the trade name and trademark GOYARD which is the family name of its founder. GOYARD ST-HONORE is a luxury trunk maker which designs, manufactures and markets its goods ‒ mainly hand bags, wallets, purses, luggage, trunks, etc. ‒ all over the world. The website of the Complainant is “www.goyard.com”.
The Complainant has registered the trade mark GOYARD in many countries and territories of the world in class 18 and various other classes. In particular, the Complainant has registrations for GOYARD in Hong Kong, China and the Mainland of China.
The Respondent is an individual based with a purported address in Hong Kong, China or Beijing, China. (The address given is hybrid address including “Kowloon Tong Hong Kong” but stating this to be in Beijing. The disputed domain names were registered on May 21, 2013 (for <sacgoyardprix.com>) and March 3, 2013 (for <sacgoyardfr.com>).
The disputed domain names both resolved to a page where the words “GOYARD Paris” appears at the top of the page and leather goods that look alike to the Complainant’s genuine goods were offered for sale. The web pages purported to be a genuine Goyard web page. At the date of rendering this decision the web pages were not active.
5. Parties’ Contentions
The Complainant’s contentions are set out below.
The Complainant submits that the disputed domain names <sacgoyardfr.com> and <sacgoyardprix.com> consist of the trademark GOYARD. The first word of each domain name, “sac”, is a French word meaning “bag”. The two letters “fr” mean France and the French word “prix” means “price” in English. The disputed domain names are therefore made up of generic and descriptive words together with the Complainant’s trademark. They are, thereby, confusingly similar to the Complainant’s trademark.
The Complainant further submits that the Respondent has no rights or legitimate interests in the disputed domain names. It is not known by the name Goyard. It has received no consent or license from the Complainant to use the Complainant’s trademark in the disputed domain names.
The Complainant submits that the disputed domain names were registered and used in bad faith with the intention of attracting Internet users to the websites and thereby make money by selling look alike products.
The Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings
The Panel finds that this is a clear case of cybersquatting that the UDRP was designed to stop. The Panel agrees fully with the Complainant’s arguments and accordingly will make on a short decision.
A. Identical or Confusingly Similar
The disputed domain name <sacgoyardfr.com> is made up of the Complainant’s registered trademark GOYARD, the generic word “sac” (meaning “bag” in French) and the geographical indicator ”fr”. It is confusingly similar to the Complainant’s registered trademark GOYARD.
The disputed domain name <sacgoyardprix.com> is made up of the Complainant’s registered trademark GOYARD, the generic words “sac” (meaning “bag” in French) and “prix” (meaning “price” in French). It is confusingly similar to the Complainant’s registered trademark GOYARD.
Paragraph 1.2 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition (the “WIPO Overview 2.0”), sets out the test for determining confusing similarity. Paragraph 1.2 provides (in part):
“The threshold test for confusing similarity under the UDRP involves a comparison between the trademark and the domain name itself to determine likelihood of Internet user confusion. In order to satisfy this test, the relevant trademark would generally need to be recognizable as such within the domain name, with the addition of common, dictionary, descriptive, or negative terms … typically being regarded as insufficient to prevent threshold Internet user confusion..”
The first element of the Policy is made out.
B. Rights or Legitimate Interests
The Complainant has made a prima facie case that the Respondent lacks rights or legitimate interests in the dispute domain names. The Respondent has not responded to the Complaint to assert any rights or legitimate interests in the disputed domain names. Clearly, none of the circumstances in paragraph 4(c) of the Policy, which sets out how a respondent can prove its rights or legitimate interests, are present in this case.
The Panel finds that the second element of the Policy is made out.
C. Registered and Used in Bad Faith
For the same reasons as those above, the Panel has no hesitation in finding that the disputed domain names were registered in bad faith and are being used in bad faith.
This case clearly falls within paragraph 4(b)(iv) of the Policy which provides that a registrant has registered and is using a domain name in bad faith where:
“by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.”
The use of the websites under the disputed domain names to sell look-alike products is clearly designed for commercial gain.
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain names <sacgoyardfr.com> and <sacgoyardprix.com> be transferred to the Complainant.
Date: March 31, 2014