{
    "case_number": "CAC-UDRP-102426",
    "time_of_filling": "2019-05-13 11:03:28",
    "domain_names": [
        "bodegaurrera.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Wal-Mart de México, S.A.B. de C.V. "
    ],
    "complainant_representative": "HSS IPM GmbH",
    "respondent": [
        "Domain Privacy Guard Sociedad Anonima Ltd"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a Mexican company that is part of the well -known Walmart Group. It owns and operates self-service stores in Mexico and Central America. The company operates discount stores, hypermarkets, supermarkets, membership self-service wholesale stores, and pharmacies. One of its divisions consists of the Bodega Aurrerá discount stores. \r\n\r\nGroup's first store outside the United States opened in Mexico in 1991, so the Group has had a long association with Mexico.\r\n\r\nThe Complainant owns and conducts its business under a series of registered trademarks for BODEGA AURRERA more particularly set out above.\r\n\r\nMost of the trademark registrations predate the registration of the disputed domain name bodegaurrera.com which was on May 20, 2006.\r\n\r\nComplainant owns also the registration of the domain name www.bodegaaurrera.net which is used to connect to a website which informs potential customers about the BODEGA AURRERA mark and its products and services.  \r\n\r\n Due to extensive use, advertising and revenue associated with its trademarks worldwide, Complainant enjoys a high degree of renown in Mexico and Central America, including Panama where the Respondent is located. \r\n\r\nThe Respondent has registered the disputed domain name and has caused it to resolve to a website where Internet visitors find related links under headings which are related to Complainant’s products and trademarks such as “BODEGA AURRERA”.\r\n\r\nNaturally this conduct had damaged the Complainant's business and as a result the Complainant's attorneys have sent a cease and desist letter to the Respondent, with reminders, requiring it to transfer the domain name to the Complainant. The Respondent has not replied and the Complainant has therefore filed this Complaint to compel the transfer of the domain name. \r\n\r\n",
    "other_legal_proceedings": "None of which the Panel is aware.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n\r\ni) THE DOMAIN NAME IS CONSUFINGLY SIMILAR TO COMPLAINANT’S BODEGA AURRERA TRADEMARKS\r\n\r\nThe domain name <bodegaurrera.com> (hereinafter referred to as the “Disputed Domain Name”), which was registered on May 20, 2006, incorporates the substance of Complainant’s well-known, registered trademark BODEGA AURRERA in its entirety, making only one spelling alteration, namely to omit one letter \"a\" between BODEGA and AURRERA.\r\n\r\nThe addition of the generic Top-Level Domain (gTLD) “.com” does not add any distinctiveness to the Disputed Domain Name. \r\n\r\nThe domain name deliberately gives off the impression that the Respondent is somehow affiliated with Complainant, and that the Respondent is somehow doing business using Complainant`s trademark and permitted to do so, but this is not so.\r\n\r\nThe Disputed Domain Name is therefore confusingly similar to the BODEGA AURRERA trademarks. \r\n\r\nii) THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTEREST IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Respondent is not commonly known by the Disputed Domain Name and it has no interest in the Domain Name. \r\n\r\nBefore registering the domain name the Respondent could have conducted a simple search that would have quickly told him that the BODEGA AURRERA trademarks were owned by Complainant and that the Complainant has been using its trademarks. However, it did not do so, or if it did, it ignored the results.\r\n\r\nRespondent has not used the domain name on the internet or by any other means in connection for a bona fide offering of goods or services.\r\n\r\nThere is no evidence that Respondent has a history of using, or preparing to use, the domain name in connection with a bona fide offering of goods and services. Rather, it is clear that the intention of the Respondent has been to use the Disputed Domain Name to take advantage of a purported association with the business of the Complainant.\r\n\r\nMoreover, the website to which the domain name is pointed reveals pay-per-clicks where Internet visitors may find related links under headings which are related to Complainant’s products and trademarks such as BODEGA AURRERA. \r\n\r\nThe Respondent has had an opportunity to present some compelling arguments that it has rights or legitimate interests in the Domain Name but has failed to do so. \r\n\r\nThe Complainant has therefore made out a prima facie case against the Respondent to which it has not replied.\r\n\r\n\r\niii) THE DOMAIN NAME WAS REGISTERED AND IS BEING USED IN BAD FAITH \r\n\r\nTHE DOMAIN NAME WAS REGISTERED IN BAD FAITH \r\n\r\nSeveral of Complainant’s BODEGA AURRERA trademarks predate the registration of the Disputed Domain Name and        are thus well known.\r\n\r\n Respondent has never been authorized by Complainant to register the Domain Name. It is inconceivable that the unique combination of the mark “BODEGA” & “AURRERA” in the Domain Name, even with the minor spelling alteration, is anything but a deliberate and calculated attempt to benefit the Respondent improperly from its pretended association with the Complainant’s rights. \r\n\r\nTHE DOMAIN NAME IS BEING USED IN BAD FAITH \r\n\r\nOn April 5th, 2019 the Complainant caused a cease and desist letter to be sent to the Respondent advising it that the unauthorized use of its trademark within the Domain Name violated its trademark rights. Complainant requested a voluntary transfer of the Domain Name. \r\n\r\nHowever, no answer was received, despite reminders. \r\n\r\nSince its efforts of trying to solve the matter amicably were unsuccessful, Complainant chose to file a complaint according to the UDRP process. \r\n\r\nMoreover, the website associated with the Disputed Domain Name states that it may be for sale for USD 2624.\r\n\r\nThe website is a PPC website where Internet visitors find related links not only to Complainant´s products but also to Complainant´s competitors.\r\n\r\nIn terms of paragraph 4(b)(iv) of the Policy, this conduct constitutes bad faith use. \r\n\r\nSummary:\r\n\r\nThe BODEGA AURRERA trademark is a well-known mark in the discount stores business, including in Mexico and Central America.\r\n\r\n Respondent bears no relationship to the trademarks and the Domain Name has no other meaning except for referring to Complainant's name and trademark. \r\n\r\nThere is no way in which the Domain Name could be used legitimately by the Respondent.\r\n\r\n Further, the domain name is being used for a PPC page using the Complainant’s trademark and other relevant terms, an additional element of bad faith. \r\n\r\nFinally, the Disputed Domain Name is also offered for sale at the infringing website for a price higher than the normal out of pocket expenses. \r\n\r\nConsequently, the Respondent has registered and used the Disputed Domain Name in bad faith and it should be transferred to the Complainant for breach of the Policy.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not file a Response in this proceeding.\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": [
        "The Hon. Neil Brown, QC"
    ],
    "date_of_panel_decision": "2019-06-12 00:00:00",
    "informal_english_translation": "The Complainant has established registered trademark rights on which it may rely in this proceeding. The Complainant has submitted that it has rights in the following registered trademarks:\r\n\r\n(I) Mexican TM Wordmark BODEGA AURRERA, No. 17797, filed on 20.02.1985 & registered on 20.01.1987, \r\n\r\n\r\n(ii) Mexican TM Wordmark BODEGA AURRERA, No. 19350, filed on 01.09.1993 & registered on 27.04.1994, and\r\n\r\n iii) Word & device mark in Chile BODEGA AURRERA & design No. 1143858, filed on 11.09.2013 and registered on 02.12.2014,\r\n\r\n(collectively \"the BODEGA AURRERA\" trademark).\r\n\r\nThe Panel accepts the evidence submitted by the Complainant and its submission that it has trademark rights in all of the trademarks constituting \"the BODEGA AURRERA\" trademark.\r\n",
    "decision_domains": {
        "BODEGAURRERA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}