{
    "case_number": "CAC-UDRP-102395",
    "time_of_filling": "2019-03-15 09:48:20",
    "domain_names": [
        "myloccitane.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Laboratoires M&L"
    ],
    "complainant_representative": "Brandstock Domains GmbH",
    "respondent": [
        "Lucas Verdonk"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, Laboratoires M&L, is part of the L’Occitane Group. L’Occitane Group is a global, natural and organic ingredient-based cosmetics and well-being products manufacturer and retailer. The Group has five brands (L’OCCITANE EN PROVENCE, MELVITA, ERBORIAN, L'OCCITANE AU BRÉSIL and LIMELIFE BY ALCONE) in its portfolio and is committed to developing and retailing high quality products that are rich in natural and organic ingredients of traceable origins and respect the environment.\r\n\r\nThe Complainant contends that in 2015, L’Occitane Group counted 2,797 retail locations on all continents throughout the world, with 1,384 owned retail stores and that L'Occitane Group employs more than 8,000 people around the world and generated a revenue of more than 1 billion US dollars in 2015. The Complainant also informs that in 2015, net sales of L'Occitane Group were €1,177.9 million. \r\n\r\nThe Complainant has affirmed and proved to be the owner of numerous trademarks consisting of \"L’OCCITANE\" in various jurisdictions all over the world. \r\n\r\nThe disputed domain name is <myloccitane.com>.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to the Complainant’s \"L’OCCITANE\" mark since the disputed domain name wholly incorporates the mark, simply adding to it the generic term “my” and the generic Top-Level Domain (“gTLD”) suffix “.com”.\r\n\r\nThe Complainant believes that the Respondent has no rights or legitimate interests in respect of the domain name since, to the best of the Complainant’s knowledge, the Respondent is not commercially linked to the Complainant. Furthermore, the Complainant informs that it never granted the Respondent any authorization, consent, right or license to use the trademark \"L’OCCITANE\" within the disputed domain name or in any other way. Additionally, the Complainant has made research and found no trademarks or any other rights owned by the Respondent on the MYLOCCITANE term.  \r\n\r\nThe Complainant also contends that the domain name was registered and is being used in bad faith. In particular, the Complainant states that \"L’OCCITANE\" trademark has enjoyed wide-spread extensive use and is widely well-known and that accordingly it seems inconceivable that the Respondent was not aware of the Complainant’s prior rights when the domain name in dispute was registered.  This especially in consideration of the fact that the Respondent is located in France, where L'Occitane Group originates.  It is therefore clear, in the Complainant's view, that the Respondent had the Complainant or its trademarks in mind when registering the disputed domain name. \r\n\r\nActually, the Complainant sees no possible way whatsoever that the Respondent would use the domain name in connection with a bona fide offer of products or services. Indeed, any use of the \"L’OCCITANE\" trademark without authorization would amount to trademark infringement and damage to the repute of the trademark. In the Complainant's view, the sole detention of the disputed domain name by the Respondent, in an attempt to prevent the Complainant from reflecting its trademark in a domain name, is a strong evidence of bad faith. Actually, according to the Complainant, any actual use of the domain name by the Respondent would amount to bad faith active use.",
    "other_legal_proceedings": "The Panel is not aware of any legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n",
    "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).",
    "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).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).",
    "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.",
    "decision": "Accepted",
    "panelists": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2019-04-17 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks. In particular, Laboratoires M&L owns:\r\n\r\n (i) the International Registration No. 1330027 \"L'Occitane\" registered on June 28, 2016 for classes 4, 16, 18, 25, 43 and 44.\r\n\r\n (ii) the International Registration No. 579875 \"L'OCCITANE\" registered on November 5, 1991 for classes 3, 4, 5, 16 and 21 and duly renewed.\r\n\r\n (iii) the International Registration No. 1006051 \"L'Occitane\" registered on October 8, 2008 for classes 9, 14, 18, 24, 25, 28, 30, 35, 43 and 44 and duly renewed.\r\n\r\nThe above trademarks are protected in many countries of the world.",
    "decision_domains": {
        "MYLOCCITANE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}