{
    "case_number": "CAC-UDRP-103684",
    "time_of_filling": "2021-03-24 08:55:46",
    "domain_names": [
        "groupenuxe.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Laboratoire Nuxe"
    ],
    "complainant_representative": "Marks & Clerk France",
    "respondent": [
        "King Cobra"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a well-known French corporation established in 1964, specialized in the manufacture and trade of cosmetics, personal care products and related services sold under the NUXE Trademark. Over the years, the Complainant has become a global group, present in nearly 60 countries. In France, the Complainant's products rank third among the brands sold in pharmacies and drugstores. \r\nThe domain name <nuxe.com> is used as the Complainant’s main website through which it also operates its e-commerce site (in particular in the US where the Respondent resides).\r\nThe disputed domain name was registered on 17 February 2021 with privacy \/ proxy service and, at the moment of the filing of the Complaint, resolved to a parking page with pay-per-click (PPC) links related to the Complainant and its products, as well as to its competitors' products. The domain name has also MX records configured. \r\nUpon the registrar verification requested by CAC, the Respondent was identified as King Cobra, residing in New York, United States.\r\nThe facts asserted by the Complainant are not contested by the Respondent. ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "Parties' Contentions\r\nComplainant:\r\nThe Complainant contends that the disputed domain name is confusingly similar to the NUXE Trademark, since it fully reproduces such earlier mark combined with the non-distinctive term “GROUPE”.\r\nThe Complainant also contends that the Respondent has no rights or legitimate interests to the disputed domain name. The disputed domain name resolves to a parking page with PPC links, some of which redirect to websites of the Complainant's competitors or retailers not authorised to sell the Complainant's genuine products. That is not a good faith or fair use of the domain name, without intent for commercial gain to mislead consumers or to tarnish the Complainant's mark. \r\nThe Complainant finally contends that the Respondent's bad faith is demonstrated by the registration of the disputed domain name confusingly similar to the NUXE Trademark and by the use of the same to resolve to a parking page, referring both to the Complainant and its products and to its competitors' products. This would prove the constructive knowledge on behalf of the Respondent of the Complainant’s potential rights, as well as the intention of the Respondent to exploit the reputation of the Complainant and its rights for commercial gain. Moreover, the configuration of MX records for the domain name by the Respondent shows that the disputed domain name is likely used in phishing activities.\r\nThe Complainant, therefore, requests the transfer of the disputed domain name.\r\n\r\nRespondent:\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": "2021-04-16 00:00:00",
    "informal_english_translation": "The Complainant is owner of a large portfolio of trademarks including the term “NUXE” registered in several countries, such as:\r\n- the international trademark NUXE (word) no. 1072247, registered since 14 February 2011, in classes 3,44;\r\n- the international trademark NUXE (word) no. 1148899, registered since 20 September 2012, in classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45;\r\n- the European Union trademark NUXE (word) no. 008774531, filed on 22 December 2009, registered on 15 June 2010, in classes 3, 44;\r\n- the European Union trademark NUXE (word) no. 013609599, filed on 26 December 2014, registered on 2 February 2016, in classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45.\r\n\r\nThe Complainant also owns multiple domain names comprising the term “NUXE”, among which <nuxe.com> registered since 27 February 1998.\r\nFurthermore, the Complainant has operated under the company and trade name LABORATOIRE NUXE since 1964.\r\nThe Complainant’s rights are hereinafter referred to as the NUXE Trademark.  ",
    "decision_domains": {
        "GROUPENUXE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}