{
    "case_number": "CAC-UDRP-103827",
    "time_of_filling": "2021-05-25 09:14:03",
    "domain_names": [
        "nuxinfo.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Laboratoire Nuxe"
    ],
    "complainant_representative": "Marks & Clerk France",
    "respondent": [
        "TbaacSoft"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, Laboratoire Nuxe (hereafter “Nuxe”) is a French company created in 1964 specialized in manufacture and trade of cosmetics as well as personal care products and related services sold under trade mark NUXE. It sells cosmetics all around the world and provide spa services in various countries. \r\n\r\nThe name Nuxe is included in the name of the Complainant and all its subsidiaries all around the world.\r\n\r\nNuxe is also the owner of several domain names under various extensions, such as, but not limited to, <nuxe.com> (created in 1998), <nuxe.fr>, <nuxe.eu>, <nuxe.ca>, <nuxe.us>, <nuxe.bio>, <nuxe.pro>, <nuxe.cn>, <nuxe.beauty> but also domain names comprising the term “nuxe” combined with another term, such as but not limited to: nuxespa, nuxebio, nuxe-bio, nuxe organic, nuxe-organic in the same extensions. It operates a website from at least the domain name <nuve.com>.\r\n\r\nThe Domain Name was registered on December 20, 2020. At one point in the Complaint the contention is that the Domain Name resolves to \"a domain parking page\", but elsewhere it is claimed that \"[t]his domain name’s page is active, but as the homepage of a website creation platform\". The Complainant also contends that \"[a]n IP address (185.151.28.67) has been created for the Domain Name.\"    ",
    "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 (the \"Domain Name\").",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trade mark 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 Panel is prepared to assume that Complainant has, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii) of the Policy).  However, there is no need for the Panel to make a determination on this issue in lights of its conclusions as to bad faith.",
    "bad_faith": "The Complainant has failed to demonstrate to the satisfaction of the Panel, that the 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": "Rejected",
    "panelists": [
        "Matthew Harris"
    ],
    "date_of_panel_decision": "2021-06-24 00:00:00",
    "informal_english_translation": "The Complainant relies upon various registered trade marks that comprise or incorporate the term \"NUXE\".   Specific marks identified in the Complaint are as follows: \r\n\r\n(i) French Trade Mark n° 1688882 for NUXE as a word mark in classes 3,5 and 25 and applied for on 27 July 1988; \r\n\r\n(ii) European Union trade mark registration n° 008774531 for NUXE as a word mark in classes 3 and 44 registered on 15 June 2010; and\r\n\r\n(iii) International trade mark registration n° 1072247 for NUXE as a word mark in classes 3 and 44, filed in 2011 and designating 59 countries including USA, Japan, South Korea, Russia. \r\n",
    "decision_domains": {
        "NUXINFO.COM": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}