On-line ADR Center of the Czech Arbitration Court (CAC)

Panel Decision

§ 15 of the UDRP Rules (Rules), § 9 of the CAC’s Supplemental Rules (Supplemental Rules)

Case No. 102506
Time of Filing 2019-05-24 09:14:07
Disputed domain name MELACYAN.COM
Case Administrator
Name Iveta Špiclová
Complainant
Organization FERLUX SAS
Authorized Representative
Organization Nameshield (Enora Millocheau)
Respondent
Organization See PrivacyGuardian.org
Other Legal Proceedings
There are no other legal proceedings related to the disputed domain name.
Identification of rights
MELACYAN® is the brand used to designate the Complainant’s anthocyanin-rich purified Aronia extract, which has several benefits, such as blood glucose modulation and cholesterol regulation and vasodilation. The Complainant owns the French trademark MELACYAN® No. 4464162 registered since June 25, 2018.
Factual Background
FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:

The disputed domain name was registered on July 20, 2018. It points to a Registrar parked page displaying the message: “Congratulations! melacyan.com is available for sale!”. The disputed domain name is offered for $975.
 
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.

Rights
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy). The disputed domain name <melacyan.com> is identical to the trademark MELACYAN®. The disputed domain name includes in its entirety the Complainant’s trademark without any adjunction of letter or word.
No rights or legitimate interests
The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy). The Respondent has no rights or legitimate interests in respect of the disputed domain name and he is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.

Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark MELACYAN®, or apply for registration of the disputed domain name by the Complainant.
Bad faith
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical to the trademark MELACYAN® (within the meaning of paragraph 4(a)(iii) of the Policy). The disputed domain name has been registered only one month after the filling of the corresponding trademark MELACYAN®.

The disputed domain name includes the distinctive trademark MELACYAN® in its entirety, without any modification.

Therefore, the use of the Complainant’s trademark in the disputed domain name gives rise to the inference that the Respondent ought to have registered the disputed domain name for its trademark value.

Moreover, the Respondent does not make any use of the disputed domain name. The website in relation with the disputed domain name points to a Registrar parked page displaying a general offer to sell the domain for $975. Thus, the Respondent has registered the disputed domain name only in order to sell it back for out-of-pockets costs, which evinces bad faith registration and use.
Procedural Factors
The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.
Principal Reasons for the Decision
The disputed domain name <melacyan.com> is identical to the trademark MELACYAN®, has been registered and used in bad faith for selling it expensively to the public.
Decision
For all the reasons stated above, the Complaint is Accepted
and the disputed domain name(s) is (are) to be
MELACYAN.COM Transferred to FERLUX SAS
Panellists
Name Thomas Hoeren
Date of Panel Decision 2019-06-24
Publication of the Decision
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