{
    "case_number": "CAC-UDRP-102512",
    "time_of_filling": "2019-05-29 11:00:10",
    "domain_names": [
        "loccitanecode.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Laboratoires M&L"
    ],
    "complainant_representative": "Brandstock Domains GmbH",
    "respondent": [
        "Swaqny"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is part of the L’Occitane Group. The L’Occitane Group is a global, natural and organic ingredient-based cosmetics and well-being products manufacturer and retailer. The Group has six brands (L’OCCITANE EN PROVENCE, MELVITA, ERBORIAN, L'OCCITANE AU BRÉSIL, LIMELIFE BY ALCONE and ELEMIS) 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\nIn 2015, the L’Occitane Group counted 2,797 retail locations on all continents throughout the world, with 1,384 owned retail stores. The Group employs more than 8,000 people around the world and generated a revenue of more than 1 billion US dollars in 2015. \r\n\r\nIn 2015, net sales were €1,177.9 million, a growth of 11.7%. At constant exchange rates, sales growth was 10.3%. Growth was primarily driven by China, Japan, Hong Kong, and the United States. \r\n\r\nThe Complainant holds several trademarks in the term \"L’OCCITANE\" registered worldwide.\r\n\r\nThe disputed domain name was registered by an Egyptian corporation, Swaqny, with privacy service on 16 May 2019, hence well after the registration of the L'Occitane Trademark.\r\n\r\nThe disputed domain name redirects to a website in Arabic language displaying the device mark of the Complainant, images of the Complainant's products and discount codes or coupons to purchase such products, as well as links to the Complainant's official website.\r\n\r\nThe facts asserted by the Complainant are not contested by the Respondent.",
    "other_legal_proceedings": "The Panel is not aware of any other proceeding pending or decided which relates to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT'S CONTENTIONS\r\n\r\nOn the first UDRP element the Complainant contends that the disputed domain name is highly similar to the Complainant’s earlier trademarks, since it reproduces the L’OCCITANE Trademark in its entirety with the exception of the apostrophe, which is not a valid character for domain name registration, the addition of the generic term “code”, which refers to discount code or coupon, and of the gTLD (in this case the suffix .com), which is a technical requirement of the registration. Such likelihood of similarity is enhanced by the content of the website to which the domain name redirects. \r\n\r\nOn the second UDRP element the Complainant argues that the Respondent has nothing to do with the Complainant, nor has been authorized or licensed to use the L'Occitane Trademark or to register or use the disputed domain name. The disputed domain name does not correspond to the Respondent's name, nor is this latter commonly known by the disputed domain name. The Respondent has not acquired any trademark or service mark rights related to the L'Occitane term. Considering the content of the website to which the domain name redirects, there is no fair or non-commercial use of the disputed domain name.\r\n\r\nOn the third UDRP element the Complainant affirms that the disputed domain name was registered and is being used in bad faith. Taken into account of the distinctiveness and the reputation of the L'Occitane Trademark acquired due to the wide-spread extensive use, it is unlikely that the Respondent had no knowledge of the Complainant's mark at the time of the registration of the disputed domain name. The Complainant has submitted an extract of a search carried out by the same on the well-known search engine Google with the keywords \"L'OCCITANE\" and alleges that had the Respondent performed a basic search on Google, it should have yielded obvious references to the Complainant. Hence, according to the Complainant, it is most likely that the Respondent registered and has used the disputed domain name having in mind the Complainant and the L'Occitane Trademark and with the clear intention to take advantage of the reputation of the same by creating a likelihood of confusion between such mark and the disputed domain name. Such intention is confirmed by the content of the website to which the domain name redirects: it displays the device mark of the Complainant, images of the Complainant's products and discount codes or coupons to purchase such products, as well as links to the Complainant's official website.\r\n\r\nTherefore, the Complainant requests the transfer of the disputed domain name.\r\n\r\nRESPONDENT'S CONTENTIONS\r\n\r\nNo 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": [
        "Avv. Ivett Paulovics"
    ],
    "date_of_panel_decision": "2019-07-11 00:00:00",
    "informal_english_translation": "The Complainant has provided sufficient documentary evidences to show its intellectual property rights in the \"L'OCCITANE\" sign (hereinafter L'Occitane Trademark) for the purposes of the Policy.\r\n\r\nTRADEMARKS\r\n\r\nThe Complainant holds a large portfolio of trademarks registered in numerous jurisdictions, amongst which:\r\n\r\n- International trademark L’OCCITANE No. 1006051 registered on 8th August 2008, duly renewed, and designating goods and services in international classes 9, 14, 18, 24, 25, 28, 30, 35, 43 and 44;\r\n- International trademark L’OCCITANE No. 579875 registered on 5th November 1991, duly renewed and designating goods in international classes 03, 04, 05, 16 and 21;\r\n- International trademark L’OCCITANE No. 1330027 registered on 28th June 2016 and designating goods and services in international classes 04, 16, 18, 25, 43 and 44.\r\n\r\nDOMAIN NAMES\r\n\r\nThe domain name LOCCITANE.COM is used as the Complainant's official website.",
    "decision_domains": {
        "LOCCITANECODE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}