{ "case_number": "CAC-UDRP-103830", "time_of_filling": "2021-06-11 09:59:50", "domain_names": [ "nuxxbeauty.sexy", "nuxxbeauty.shop" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Laboratoire Nuxe" ], "complainant_representative": "Marks & Clerk France", "respondent": [ "Cynthia Cazares" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nComplainant, 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 trademark NUXE. For more information, please visit the website http:\/\/nuxe.com. \r\n\r\nNuxe is selling its cosmetics all around the world and provide spa services in various countries. \r\n\r\nNuxe became aware of the registration of the domain names , and which occurred respectively on December 20, 2020, March 12, 2021 and May 5, 2021. ", "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 names. ", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe respondent was registering a domain name, offering cosmetics and cosmetic related accessories on it and then closing the website for opening a new one and proceeding the same and then again with the “.sexy“. \r\n\r\nConsequently, and are today inactive but used to be active pages. And, has been put offline by Shopify thanks to our request, as described above. \r\n\r\nThe Complainant states that the domain names , and reproduce the Nuxe’s trademarks, domain names, company name and trade name “NUXE” in its whole. Indeed, the addition of the letter “X” instead of the letter “E” does not have any impact on the pronunciation of Nuxe, for which the “e” is silent, due to its French origins. Juxtaposed is the word “beauty” which is, more than not being distinctive, the description of the exact field of activity of the Complainant. \r\n\r\n\r\nRegistrations at issue were made fraudulently, in bad faith and with the intent to infringe Nuxe’s earlier rights. Indeed, the fraudulent character of these registrations is characterised by various circumstances developed below:\r\n\r\n- The three domain names , and imitate the Complainant’s name and reproduce its exact field of activity. We also have to say that in practice nuxxbeauty can be used with the two terms separated: Nuxx Beauty. Use of the separated terms for emphasizing the term “Nuxx” is clearly for making reference to Complainant’s name “NUXE”. We then prospect that Respondent intends to infringe Complainant’s earlier rights and to mislead\/ divert Nuxe’s clients.\r\n\r\nAccording to the Complainant the disputed domain names use well-known practice of cybersquatting \/ typosquatting to divert Nuxe’s client in case of typing error (nuxx vs. nuxe).\r\n\r\nThe fraudulent character of the registrations at stake is also intensified by the fact that IP addresses have been created. Purpose of the said registrations is thus phishing that is that Respondent intents or attempts to intent that to impersonate itself as a trustworthy entity (Laboratoire Nuxe) in order to obtain sensitive information from Complainant’s clients. \r\nLaboratoire Nuxe has never been contacted by someone willing to register the domain names in issue nor has given any authorization to anyone to make any use, or apply for registration of the said domain names. So, registration, of a domain name for Nuxx and the juxtaposition of the word beauty which is the exact field of activity of Laboratoire Nuxe, has never been authorized. \r\n\r\nThe Complainant summarises its contentions: there is no legitimate reason for the Respondent to adopt the said domain names. The Respondent clearly does not make fair use of the domain names which were only registered to mislead\/divert Laboratoire Nuxe’s clients and to breach its reputation. Registrations were also made to create numerous IP addresses with the intent to proceed to phishing, commercial e-mailing or spamming activities. More than infringing Complainant’s earlier rights, creations of the litigious domain names attempt to public order since random recipients may be contacted through these e-mail addresses for downloading files and so spreading malware or harming in various ways.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNo administratively compliant response has been submitted.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (within the meaning of paragraph 4(a)(ii) of the Policy). \r\n\r\n", "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and are 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": [ "Mr. Etienne Wéry" ], "date_of_panel_decision": "2021-07-12 00:00:00", "informal_english_translation": "Complainant provided evidence that Nuxe is the owner of rights on the term NUXE as trademarks, company name\/trade names and domain names", "decision_domains": { "NUXXBEAUTY.SEXY": "TRANSFERRED", "NUXXBEAUTY.COM": "TRANSFERRED", "NUXXBEAUTY.SHOP": "TRANSFERRED" }, "panelist": null, "panellists_text": null }