{
    "case_number": "CAC-UDRP-104079",
    "time_of_filling": "2021-10-14 09:37:02",
    "domain_names": [
        "sobioeticc.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "LEA NATURE SERVICES"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        " mohamed amine loubiri"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a French manufacturer of natural and organic goods producing a range of cosmetic and organic products under the name SO'BIO ÉTIC, which has been registered as a trademark in different countries of the word.\r\n\r\nThe Respondent is a natural parson based in Morocco who registered the disputed domain name <sobioeticc.com> was on 9 September, 2021, e.i. more than 10 years after the first Complainant’s trademark SO'BIO ÉTIC was registered.\r\n\r\nThe disputed domain name <sobioeticc.com> currently results to a webpage which appears under construction and on which no products offered for sale are shown.  \r\n\r\nAccording to the Complainant, the website to which relates the disputed domain name <sobioeticc.com>  was previously used in connection with massage oil for men, i.e. with the goods of similar nature as the goods manufactured and distributed under the Complainant’s trademark SO'BIO ÉTIC.\r\n",
    "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\n\r\nCOMPLAINANT:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain name <sobioeticc.com> and the Complainant's registered trademarks SO'BIO ÉTIC are confusingly similar. \r\n\r\nParticularly, the Complainant contends that the disputed domain name <sobioeticc.com> is almost identical to the Complainant’s registered trademarks and points out that the names at comparation differ only in one letter which is indicative of the Respondent’s intention of “typosquatting”.\r\n\r\nThe Complainant also points out that the applicable Top-Level suffix “-com” does not per se prevent the likelihood of confusion.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent is making a bona fide offering of goods or services. Moreover, the Complainant states that the Respondent has not been licensed or otherwise authorized to use any of the Complainant’s trademarks nor to apply for or use any domain name incorporating such trademarks.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states that the disputed domain name is a typosquatted version of the trademark SO 'BIO ETIC which was registered many years before the disputed domain name and has acquired significant reputation among the general public.\r\n\r\nMoreover, the Complainant argues that the Respondent was offering for sale on a website to which redirects the disputed domain name goods that are similar to the goods produced by the Complainant and while doing so, he used the Complainant figurative trademark (logo of the registered trademark), without being authorized by the Complainant. \r\n\r\nThe Complainant considers therefore that the Respondent choose to acquire and use the disputed domain name to create intentionally a confusion with the Complainant and its products.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not respond to the Complaint.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to trademarks 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 that the Respondent has 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 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": [
        "JUDr. Hana Císlerová, LL.M."
    ],
    "date_of_panel_decision": "2021-11-16 00:00:00",
    "informal_english_translation": "The Complainant is the registered owner of the following trademarks:\r\n\r\n• in France:\r\n\r\n- Combined trademark No. 3529601 – SO'BIO ETIC registered for Classes 3, 24 and 25 of the International Classification of Goods and Services (also known as the Nice Classification) with the priority date from 5 October, 2007.\r\n\r\n• International Trademark registration:\r\n\r\n- Combined trademark No. 979254 - SO'BIO étic registered for Classes 3, 24 and 25 of the Nice Classification with the priority date from 22 May, 2008.",
    "decision_domains": {
        "SOBIOETICC.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}