ACCOR v. Yosi Hasidim
WIPO Case No. D2001-0392
- Outcome
- Transfer
- Domain names
- accor-hotel.com
- Complainant
- ACCOR
- Respondent
- Yosi Hasidim
- Panelist
- Geert Glas
- Decided
- 11 Jul 2001
- Language
- English
Source: WIPO Arbitration and Mediation Center. Official copy: https://www.wipo.int/amc/en/domains/decisions/html/2001/d2001-0392.html
WIPO Arbitration
and Mediation Center
ADMINISTRATIVE
PANEL DECISION
Accor v.
Yossi Hasidim
Case No
D2001-0392
1. The Parties
The Complainant in this
administrative proceedings is ACCOR, a company organized under French laws,
located at Tour Maine Montparnasse, 33, avenue du Maine, 75755 Paris, France
and represented by Nathalie Dreyfus with offices at 19, rue de Milan, 75009
Paris, France, hereinafter the "Complainant".
The Respondent is Yossi
Hasidim, with an address at Hanesieim, 48, Petah Tikva, 49550 Israel, hereinafter
the "Respondent".
2. Domain Name and Registrar
The domain name at issue
is <accor-hotel.com>, hereinafter the "Domain Name". The registrar
is Network Solutions, Inc. and the Domain Name was registered on November 26,
1999.
3. Procedural History
The WIPO Arbitration and
Mediation Center, hereinafter "the Center" received the Complainant's
Complaint and the exhibits on March 19, 2001, in hardcopy and on March 16, 2001,
by email.
On March 21, 2001, the
Center transmitted the acknowledgement of receipt of Complaint to the Complainant
by email.
On March 22, 2001, the
Center transmitted via email to Network Solutions, Inc., a request for registrar
verification relating to this case. On March 28, 2001, Network Solutions, Inc.
transmitted via email to the Center, Network Solutions’ verification response,
confirming that the Domain Name is registered with Network Solutions, that the
Respondent is the current registrant of the Domain Name and that the administrative,
billing and technical contacts are also known as the Respondent. It confirmed
also that the Network Solutions’ 5.0 Agreement is in effect and that the Domain
Name registration status is "Active".
On March 30, 2001, the
Center sent by email to the Complainant a request to amend the registrar's address
and the Mutual Jurisdiction paragraph. A copy of this request was also sent
by email to the Respondent.
On April 24, 2001, the
Center received by email a modified version of the Complaint. On April 25, 2001,
the Center acknowledged by email to the Complainant that the version sent on
April 24 did not contain any of the amendments required in the email of March
30, 2001.
On May 3, 2001, the Center
received by email an amendment to the Complaint as required in the email of
March 30, 2001. On May 4, 2001, the same was received in hard copy.
On May 8, 2001, the Center
sent to the Complainant an email regarding deficiencies in the amendment to
the Complaint, such as the address used for sending a copy of the Complaint
to the Registrar was incorrect and the absence of signature.
On May 11, 2001, the Center
received the hardcopy of the second amendment to the Complaint.
On May 17, 2001, the Center
completed its review of the Complaint to verify whether it satisfied the formal
requirements of the ICANN Uniform Domain Name Dispute Resolution Policy (the
Policy), the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules),
and the Supplemental Rules for Uniform Domain Name Dispute Resolution Policy
(the Supplemental Rules).
On May 17, 2001, the Center
transmitted to the Respondent the notification of complaint and commencement
of the administrative proceeding via post/courier, fax and email. This notification
was copied to the Complainant via email. The Center advised that the Response
was due by June 5, 2001.
On June 7, 2001, having
received no Response from the Respondent, the Center issued to the email address
of both parties, a notification of respondent default. No reply was received
by the Respondent to the notification of respondent default.
On June 13, 2001, in view
of the Complainant’s designation of a single member Administrative Panel, the
Center invited Mr. Geert Glas to serve as a panelist and transmitted to him
the request for declaration of impartiality and independence and a statement
of acceptance.
Having received, on June
14, 2001, Mr. Geert Glas' declaration of impartiality and independence and his
statement of acceptance, the Center transmitted by email on June 19, 2001, to
the parties, a notification of appointment of administrative panel and projected
decision date, informing the parties that Mr. Geert Glas was formally appointed
as the sole panelist. The projected decision date is July 2, 2001. The sole
panelist finds that the Administrative Panel was properly constituted and appointed
in accordance with the Rules and Supplemental Rules.
Having reviewed the communication
records in the case file, the Administrative Panel finds that the Center has
discharged its responsibility under Paragraph 2(a) of the Rules "to employ
reasonably available means calculated to achieve actual notice to Respondent."
Therefore, the Administrative Panel shall issue its Decision based on the Complaint,
the Policy, the Rules, the Supplemental Rules and the verifiable facts but without
the benefit of any Response from Respondent.
4. Factual Background
The Complainant is a hotel
management company which runs business as well as leisure hotels in 90 countries,
and also in Israel where the Respondent is a resident.
The Complainant is the
owner of several French and international trademarks. Several of its trademarks
consist of the word "ACCOR" as such, or accompanied by other elements.
These trademarks have been registered for the goods and services of classes
16, 35, 38, 39, 41, 42 and are mainly used to offer to the public, goods and
services in the hotel, tourism and travel industry.
It appears from Network
Solutions’ verification response that the Respondent is the registrant of the
Domain Name. The Respondent registered the Domain Name on November 26, 1999.
The website linked to the
Domain Name is not active.
5. Parties Contentions
a. Complainant
The Complainant contends
that the Domain Name is confusingly similar to its trademark.
The Complainant contends
that the Respondent has no rights or legitimate interests in respect of the
Domain Name since it is neither known by the Domain Name in question, nor has
it made any legitimate non commercial or fair use of the Domain Name, nor has
it made any use or demonstrable preparations to use the domain name in connection
with a bona fide offering of goods or services.
The Complainant contends
that the Respondent has registered the Domain Name in bad faith since the Respondent
has obviously registered a domain name consisting of the Complainant's trademark
with the word "hotel" in such a manner that the Domain Name describes
precisely the services offered by the Complainant and therefore creates a confusion
with the Complainant's trademark. The Complainant also contends that the Respondent
has registered the Domain Name and for the purpose of preventing the Complainant
from using its trademark in a corresponding domain name. It contends that the
lack of reaction from the Respondent also shows bad faith.
b. Respondent
Respondent has not contested
the allegations of the Complaint and is in default.
6. Discussion and Findings
Paragraph 15(a) of the
Rules instructs the Administrative Panel as to the principles the Administrative
Panel is to use in determining the dispute: "A Panel shall decide a Complaint
on the basis of the statements and documents submitted in accordance with the
Policy, these Rules and any rules and principles of law that it deems applicable."
Applied to this case, Paragraph
4(a) of the Policy directs that the Complainant must prove each of the following:
(1) that the Domain
Name registered by the Respondent is identical or confusingly similar to the
trademark in which the Complainant has rights; and,
(2) that the Respondent
has no rights or legitimate interests in respect of the Domain Name; and,
(3) that the Domain
Name has been registered and used in bad faith.
a. Identity or confusing
similarity
The trademarks of the Complainant
consist of the word "ACCOR" alone or accompanied by other elements;
Even in this last configuration, the word "ACCOR" remains the dominant
and distinctive element of the trademark.
The sector of activity
of the Complainant is tourism, travel and hotel facilities.
It is obvious that although
the Respondent's Domain Name is composed of the word "ACCOR" followed
by the word "hotel", the Domain Name is confusingly similar to the
Complainant's trademark. Firstly, because it includes the Complainant's trademark
and merely adds the generic word "hotel". Secondly, because by this
combination, the Domain Name precisely describes the Complainant's sector of
business.
The Administrative Panel
therefore finds that the Domain Name is confusingly similar to the Complainant's
trademark and finds that the requirement of paragraph 4(a)(i) of the Policy
is satisfied.
b. Rights or Legitimate
Interests
The Complainant has not
licensed or otherwise permitted the Respondent to use its trademark or to apply
for any domain name incorporating its trademark.
Moreover, by not filing
a Response, the Respondent has failed to invoke any circumstance which could
indicate the existence of any right or legitimate interest he would have in
the Domain Name. Therefore, the Panel finds that the requirement of paragraph
4(a)(ii) of the Policy is satisfied.
c. Registration and
Use in Bad Faith
When registering the Domain
Name, the Respondent knowingly and purposefully chose a name which is confusingly
similar to Complainant's trademark.
Indeed, the choice of the
Domain Name by the Respondent is very unlikely to have resulted from a mere
coincidence.
The Respondent could not
have been unaware of the Complainant's trademark, when choosing a domain name
consisting of the Complainant's trademark and the word "hotel" with
the result that the Domain Name describes exactly the services offered by the
Complainant. By doing so, the Respondent intentionally created a situation which
is at odds with the legal rights and obligations of the parties.
The website related to
the Domain Name was inactive in March 2001, when a public notary, at the request
of the Complainant, certified so, and still is at the time when the Administrative
Panel is considering this case.
The Respondent is in default
to respond in this proceedings, thereby failing to invoke any element or circumstance
which could indicate the good faith nature of his registration and use of Domain
Name. As a consequence, the Respondent has failed to demonstrate any bona fide
use of the Domain Name.
Considering the lack of
interest of the Respondent in the Domain Name, in the defense of his rights
and interests as to the Domain Name and the above facts, the Administrative
Panel finds that the Complainant has met its burden under section 4(a)(iii)
of the Policy and that the Respondent has registered and used the Domain Name
in bad faith.
7. Decision
In light of the foregoing,
the Administrative Panel decides that the Domain Name registered by the Respondent
is confusingly similar to the Complainant's trademarks, that the Respondent
has no rights or legitimate interests in respect of the Domain Name, and that
the Respondent’s Domain Name has been registered and is being used in bad faith.
Accordingly, pursuant to
Paragraph 4(i) of the Policy, the Administrative Panel requires that the registration
of the Domain Name <hotel-accor.com> be transferred to the Complainant.
Geert Glas
Sole Panelist
Dated: July
2, 2001
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