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Quick $10,000 for YSL.ae? Not So Fast

Started by Domaining News, Mar 27, 2023, 02:17 AM

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Domaining NewsTopic starter

The YSL mark and acronym is globally recognized, and anyone who tries to use the Yves Saint Laurent brand in an infringing way will face consequences.



In the case of the domain name YSL.ae, its registrant has parked it at Dan with a meaningless and thinly veiled disclaimer:

YSL stands for the following: 1. Youth Service Learning - We are not associated with ANY fashion and clothing brands.

Yeah, right.

The registrant thought they could make a quick $10,000 dollars for a ccTLD that's not exactly top-tier. The UDRP filed at WIPO by the fashion house was swift: YSL is linked globally to the Complainant's mark.

The panelist stated:

Given the circumstances, the evidence of the reputation enjoyed by the Complainant in the YSL trademark, and the fact that the Disputed Domain Name was immediately offered for sale to the Complainant after registration, lead the Panel to conclude that the registration and use were in bad faith.

The panel ordered the domain YSL.ae to be transferred to the Complainant. You should learn from that (YSL).

ARBITRATION AND MEDIATION CENTER - ADMINISTRATIVE PANEL DECISION

Yves Saint Laurent SAS v. Ilyas Kerbal Case No. DAE2023-0001

The Parties

The Complainant is Yves Saint Laurent SAS, France, represented by IP Twins, France. The Respondent is Ilyas Kerbal, Morocco.

The Domain Name and Registrar

The disputed domain name ysl.ae (the "Disputed Domain Name") is registered with AE Domain Administration (.aeDA).

Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on January 24, 2023. On January 25, 2023, the Center sent a request for registrant verification to AE Domain Administration (.aeDA) regarding the Disputed Domain Name. On January 26, 2023, AE Domain Administration (.aeDA) confirmed that the Respondent is listed as the registrant and provided the contact details.

The Center verified that the Complaint met the formal requirements of the UAE Domain Name Dispute Resolution Policy for - UAE DRP approved by .aeDA (the "Policy"), the Rules for UAE Domain Name Dispute Resolution Policy - UAE DRP (the "Rules"), and the Supplemental Rules for UAE Domain Name Dispute Resolution Policy - UAE DRP (the "Supplemental Rules").

According to the Rules, paragraphs 2(a) and 4(a), the Center officially notified the Respondent of the Complaint, and the proceedings began on January 31, 2023. As per the Rules, paragraph 5(a), the deadline for the Response was February 20, 2023. The Respondent did not submit a Response. Consequently, the Center informed the Respondent's default on February 21, 2023.

The Center appointed Nick J. Gardner as the sole panelist in this matter on February 28, 2023. The Panel finds that it was appropriately 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.

Factual Background

The Complainant was established in 1961 and is one of the most prominent fashion houses worldwide.

The Complainant's products are distributed globally, generating a revenue of EUR 1.18 billion in 2019. The Complainant's online store, located at "www.ysl.com," is available in English and Chinese languages, and mentions several physical stores around the world, including mainland China and Singapore.
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