[Big Jim And The Figaro Club Torrent
Sharif Garmon
This extensive website is a treasure trove for Figaro enthusiasts, offering over 1,000 pages filled with comprehensive information on buying, owning, and running this iconic car. Whether you are a seasoned Figaro owner or just contemplating purchasing one, our website has got you covered. From detailed buying guides to maintenance tips and troubleshooting advice, we aim to provide all the necessary information to ensure a smooth ownership experience. But our website goes beyond just practicality, as we also have a vibrant lifestyle section. Here, you can delve into captivating ownership stories that recount thrilling trips and adventures taken in the Figaro. Additionally, our website keeps you updated on upcoming club meets and rallies, providing a sense of community and camaraderie among Figaro enthusiasts.
The Figaro Owners' Club was launched in March 2009 to serve the growing needs of Nissan Figaro car owners and enthusiasts. Today, the club supports over 1,000 members in over 20 countries. We are proud to have won a number of awards over the years for our events, publications and website. The club is open to anybody who has an interest in these cute little cars, there is no need to own a Figaro. Our objectives are to raise awareness of the Figaros and help to preserve the Figaro marque, along with other Figaro clubs and associations.
I first saw a Figaro on a trip to Whitby, I loved it so much I stopped to take a photo. Little did I know that I would get engaged that weekend and that my then wonderful husband to be would buy me a Figaro 2 years later.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on December 11, 2014. On December 11, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 12, 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").
The Center appointed Christopher J. Pibus as the sole panelist in this matter on January 16, 2015. 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.
The Complainant, Societe du Figaro, has been publishing a daily newspaper under the historic name LE FIGARO in France since the 1800's. The Complainant owns several trademark registrations, including:
The Respondent is identified as Cognac Inc. and Juan Hervada. The disputed domain name was registered on May 20, 2014, and at the time the Complaint was filed, it reverted to a website that was under construction. The individual Respondent, Juan Hervada is a journalist, who has worked in France, the U.S. and other countries.
The Complainant further contends that the domain name is identical to the Complainant's FIGARO trademark except for the addition of the Top-Level Domain ("TLD") "club". The Complainant submits that the addition of the TLD does not serve to distinguish the disputed domain name from the Complainant's registered trademark.
The Complainant submits that the Respondent does not have any legitimate rights or interests in the domain name. The Respondent is not commonly known by the name Figaro, and has never been authorized or licensed by the Complainant. The Complainant further contends that the Respondent has not used the domain name in connection with a bona fide offering of goods and services. The Complainant contends that it is unrealistic to believe that the Respondent was unaware of the Complainant's reputation in the FIGARO trademark and its newspaper, because the Respondent is a journalist and has worked in France.
The Complainant submits that the Respondent has registered and is using the domain name in bad faith because (i) Respondent must have been aware of the Complainant's registered trademark rights in FIGARO, when the Respondent registered the confusingly similar domain name; and (ii) Respondent registered and is using a confusingly similar domain name to trade on the goodwill and reputation of the Complainant's registered trademark by using the domain name in association with a website that provides identical services of the Complainant, and is thereby interfering with the commercial business of the Complainant. Complainant provides copies of pages associated with a website under the disputed domain name that look like a news website, in a format comparable to Complainant's news business.
The Respondent submits that the Complainant does not have exclusive rights to the word "Figaro", since it is the name of a well-known literary or fictional character which originated with Beaumarchais.
The Respondent points to 67 records in the United States Trademarks Office for the trademark FIGARO, which do not belong to the Complainant, covering a variety of wares and services from cigars, to gaming machines, medical devices and telecommunication services. They include the following marks:
The Respondent also contends that he does have a legitimate interest and right to the disputed domain name. The Respondent and his fellow club members were associated with a particular caf in New York City dating back to the 1960's, which operated under the names Le Figaro Caf, and Figaro Caf. The Figaro Caf was located in the West Greenwich Village at the intersection of McDougal St. and Bleecker St..
The Respondent moved to New York City as a correspondent for Spain's "Zeta" media group in the mid-1970's. The Figaro Caf became a meeting place for him and his friends, and a place where he could conduct interviews for his employment.
The Respondent states that in 2008 the Figaro Caf went out of business and the Respondent thereafter conceived of a virtual Figaro Caf for members from various countries who could continue to discuss cultural issues through the Internet. Respondent claims to have created a non-profit foundation to operate a website under the Figaro Club name.
The Respondent contends that the exhibits submitted by the Complainant which purport to show the Respondent's website are merely test pages that the Figaro Club was using to determine what software platform would be utilized in association with the website. The text in the pages is comprised of meaningless Latin phrases commonly adopted for typesetting purposes as dummy text called "Lorem Ipsum". These phrases do not show that the real content of the website was or will necessarily be news-related.
The Respondent submits that he has not registered and is not using the disputed domain name for the purpose of renting, selling or otherwise transferring the domain name to the Complainant or a competitor of the Complainant for monetary gain. The disputed domain name was not registered to prevent the Complainant from registering the domain name, or to mislead Internet users away from the Complainant's website. The Respondent has not registered the disputed domain name for purposes of monetary gain, and denies any intentional attempt to cause confusion. The Respondent submits that he has registered and is using the disputed domain for the purpose of creating an online platform for a community of people to gather to exchange ideas, culture, art and events, all for non-profit purposes, related to their historic connection to the Figaro Caf. Respondent also produces a sample page of by-laws which recite the non-profit purposes for his Figaro Club organization.
The Panel further finds that the domain name is confusingly similar to the Complainant's registered trademark FIGARO. The addition of the TLD ".club" does not serve to distinguish the disputed domain name from the Complainant's registered trademark.
The Panel is prepared to find that the Complainant does have a substantial reputation in and to the registered trademark FIGARO in association with newspaper and publication services. The Panel also finds that the Respondent was aware of the LE FIGARO newspaper, and that the Complainant owned the FIGARO trademark. Based on the test pages from the Respondent's website which were accessible, it is also understandable why Complainant would apprehend Respondent's activities as a potential threat to its core business.
However, Respondent has provided a detailed explanation of his historical association with the New York restaurant called the Figaro Caf, and of his current activities with the Figaro Club which was named as a result of that association. He has provided some evidence of the non-profit nature of his activities (in the form of Article II from the by-laws of The Figaro Club Inc.). He has also explained that the webpages challenged by the Complainant were only test pages, and were not indicators of the ultimate content or format to be adopted by The Figaro Club.
In a fully contested proceeding which permitted cross-examination and reply evidence, the Respondent's explanation could possibly be challenged. Under the Policy, that sort of full-scale litigation process is not available, as the Panel can only receive and review evidence in a summary procedure that does not readily lend itself to an indepth investigation of contested facts. Within the framework of the Policy, the Respondent has raised sufficient facts to lay claim to a legitimate interest in the domain name in question. This finding by the Panel is not intended to be a comprehensive approval of the Respondent's explanation, which the parties may choose to test in a different forum with a different set of procedures. However, for the purposes of this proceeding, the Respondent has succeeded in preventing the Complainant from establishing the absence of legitimate interests.
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