{
    "case_number": "CAC-UDRP-103686",
    "time_of_filling": "2021-03-24 08:57:41",
    "domain_names": [
        "nuxebeauty.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Laboratoire Nuxe"
    ],
    "complainant_representative": "Marks & Clerk France",
    "respondent": [
        "Spencer Truong"
    ],
    "respondent_representative": null,
    "factual_background": "According to the evidence submitted by Complainant, Complainant is a French company created in 1964 specialized in the manufacture and trade of cosmetics as well as personal care products and related services sold under the trademark NUXE.\r\n\r\nThe disputed domain name <nuxebeauty.com> was registered on 13 February 2021 and is held by Respondent.\r\n\r\nAccording to the information provided by Complainant the disputed domain name does not resolve to an active website. \r\n\r\nThe trademark registration of Complainant has been issued prior to the registration of the disputed domain name.\r\nAccording to Complainant the disputed domain name is confusingly similar to Complainant's trademark as it reproduces the NUXE trademark in its whole. Indeed the trademark NUXE is identically reproduced without any alteration. Juxtaposed is the word “beauty” which is the designation of the exact field of activity of Complainant.  \r\n\r\nComplainant submits that Respondent does not have any rights or legitimate interest in the disputed domain name. The disputed domain name reproduces both Complainant’s trademark, name and its field of activity. So, Respondent clearly intended to infringe Complainant’s earlier rights and to mislead the clients of Complainant. \r\n\r\nComplainant contends that the disputed domain name is registered and is being used in bad faith. Indeed, Complainant has never been contacted by someone willing to register the disputed domain name nor has been given any authorization to anyone to make any use, or apply for registration of the disputed domain name. So, registration, of a domain name for “Nuxe” and the juxtaposition of the word beauty which is the exact field of activity of Complainant has never been authorized. There is also no fair use of the domain name at stake. According to Complainant Respondent has proceeded to registration in bad faith. Indeed, Respondent could not ignore the existence of the earlier rights and uses for “Nuxe”. Even more, the registrant could not ignore that “Nuxe” was a denomination already owned and used in respect of cosmetics products and so in the field of beauty. Respondent clearly does not make faire use of the disputed domain name which was only registered to mislead\/divert clients of Complainant. Registration was also made to create an IP address with the intent to proceed to phishing, commercial e-mailing or spamming activities. More than infringing Complainant’s rights, Complainant submits that the creation of the disputed domain name attempts to infringe public order since random recipients may be contacted through this e-mail address for downloading files and so spreading malware or harming in various ways.",
    "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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n",
    "rights": "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 Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "Complainant has, to the satisfaction of the Panel, shown 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": "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": [
        "Dinant T.L. Oosterbaan"
    ],
    "date_of_panel_decision": "2021-04-27 00:00:00",
    "informal_english_translation": "According to the evidence submitted by Complainant, Complainant is the owner of the international trademark nr. 1072247 NUXE, registered on 14 February 2011.",
    "decision_domains": {
        "NUXEBEAUTY.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}