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C-and-a.com Wins Udrp On C-a.com, Which Was Offered To Be Sold For $280k

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Nov 27, 2013
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Cofra Holding AG of Zug, Switzerland which owns the domain name C-and-A.com, just won the rights to the domain name C-A.Com.

The three member panel did not like the fact that the domain owner who purchased the domain name C-A.com in January 2014 for $3k was asking for six figures($340,000) to the holder of the domain name CandA.com

Here is what the Panel found:

The Complainant owns over 90 trademark registrations in various countries around the world.
Since 1998, the Complainant sells clothing online in its European market through its C&A brand via its website.
The Respondent is a professional pharmacist who resides in Jerusalem, Israel.

On a part-time basis since 2008, the Respondent is also a domain name broker who buys and sells generic domain names.
Respondent claims to be particularly interested in registering two letter domain names separated by a hyphen for the reason that two-letter domain names without a hyphen are mostly in use and are not for sale, or are too expensive due to their scarcity and appeal.

On February 13, 2014, the Respondent sent an email:

“Since you are using the domain name (c-and-a.com) which is a seven characters domain, it would be a fantastic opportunity and a once in life chance for you to own a three characters domain name (c-a.com) which can be a shorter address for you. It would be a very prestigious to you to own a rare, short, and easy to remember brand-able domain name like many other enterprises, recently Facebook.com acquired (FB.com) domain name only for $8 million!”

The Respondent then offered to sell the disputed domain name to the Complainant for “a premium price in the six figures range only”.

On May 5, 2014, the Complainant responded, through email requested the Respondent to provide its “best realistic price” for the disputed domain name.

Thereafter, on May 6, 2014, the Respondent answered by email stating that the asking price is $280,000 reduced from $340,000.

Based on the totality of the evidence before the Panel, the Panel finds, as it has already noted, that:

(a) the Respondent likely knew of the Complainant and its C&A Marks before it acquired the disputed domain name;
(b) discovered the disputed domain name was available and then purchased it for USD $3,000 thinking that it could likely resell the disputed domain name at a significant profit to the Complainant; and
(c) intentionally attempted to so resell the disputed domain name starting just two weeks after he acquired it by ultimately offering it to the Complainant to purchase for $280,000 (down from USD 340,000).

Hence, the ruling came in favor of the Complainant.

The Rule #1

Do not insult any other member. Be polite and do business. Thank you!

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