{
    "case_number": "CAC-UDRP-102484",
    "time_of_filling": "2019-05-07 09:05:29",
    "domain_names": [
        "bioderma-europe.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "NAOS"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Frank Nkafu"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant states that it is among the top ten independent beauty companies, with 2 900 employees around the world and with 46 subsidiaries and long-term partnerships with local distributors.\r\n\r\nThe Complainant underlines that it sells products branded BIODERMA in over 90 countries, operating under the name LABORATOIRES BIODERMA.\r\n\r\nThe Complainant points out that it is the owner of several trademarks and domain names consisting in the wording BIODERMA, registered before the disputed domain name.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its trademark “BIODERMA” because it considers that the addition of the top-level domain “.COM” and of the geographical term “EUROPE” is not sufficient to distinguish a domain name from a trademark for the purposes of the UDRP.\r\n\r\nIn order to make a prima facie case that the Respondent has no rights or legitimate interests, the Complainant states that:\r\n\r\n- according to the WHOIS information, the Respondent is not known as the disputed domain name;\r\n\r\n- the Respondent is not related in any way with the Complainant;\r\n\r\n- the Complainant does not carry out any activity for the Respondent;\r\n\r\n- the Complainant does not have any business with the Respondent;\r\n\r\n- the Complainant has not granted any license nor any authorisation to the Respondent to make any use of the Complainant's trademarks or apply for registration of the disputed domain name;\r\n\r\n- the disputed domain name redirects to a parking page with commercial links related to the Complainant's products.\r\n\r\nThe Complainant observes that \"BIODERMA\", which is a trademark constituted by a word which has no meaning, is used worldwide, including in UK.\r\n\r\nThe Complainant points out that given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademarks.\r\n\r\nThe Complainant argues that the Respondent, using the website in connection with the disputed domain name on a parking page with commercial links related to the Complainant's products, attempts to attract Internet users for commercial gain and this constitutes an evidence of bad faith.\r\n\r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the disputed domain name.",
    "no_response_filed": "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).  ",
    "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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2019-06-23 00:00:00",
    "informal_english_translation": "The Complainant is the registrant, among others, of the international trademark registrations No. 267207, “BIODERMA”, registered on March, 19, 1963, and No. 510524, “BIODERMA”, registered on March 9, 1987, for goods and services in class 3.\r\n\r\nThe Complainant is also the registrant of the EU trademark registration No. 3136892, “BIODERMA”, registered on April 15, 2003, for goods and services in classes 3 and 5.\r\n\r\nThe disputed domain name was registered by the Respondent on April 9, 2019. ",
    "decision_domains": {
        "BIODERMA-EUROPE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}