{
    "case_number": "CAC-UDRP-104407",
    "time_of_filling": "2022-03-11 09:03:52",
    "domain_names": [
        "esthederm.biz"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "NAOS"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "QING SHUI"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant was founded in France 40 years ago and is a major player in skincare thanks to its three brands: Bioderma, Institut Esthederm and Etat Pur. Ranked among the top 10 independent beauty companies, the Complainant is a pioneer in biology and shifts the skincare industry paradigm. The Complainant owes its success to the dedication of more than 3,100 employees located around the world through its international presence based on 48 subsidiaries and long-term partnerships with local distributors.\r\n\r\nThe disputed domain name was registered on February 26, 2022 and resolves to a website where the domain name is offered for sale.\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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\ni) The Complainant has rights in the French trademark INSTITUT ESTHEDERM (registration number 1590412 registered on April 27, 1990); the US trademark INSTITUT ESTHEDERM (registration number 74109225 registered on October 25, 1990); the international trademark INSTITUT ESTHEDERM PARIS (registration number 815392 registered on October 16, 2003); and the international trademark INSTITUT ESTHEDERM PARIS (registration number 1355266 registered on April 25, 2017). The disputed domain name is confusingly similar to the Complainant's trademarks.\r\nii) The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademarks or apply for registration of the disputed domain name by the Complainant. The disputed domain name points to a website where the disputed domain name is offered for sale for USD 955. \r\niii) The Respondent has registered and is using the disputed domain name in bad faith. It is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant's rights in the trademark. The disputed domain name resolves to a website displaying a general offer to sell the domain for USD 955. The Respondent fails to make an active use of the disputed domain name. \r\n\r\nRESPONDENT:\r\nRespondent did not submit a response in this proceeding.",
    "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": [
        "Mr. Ho-Hyun Nahm, Esq."
    ],
    "date_of_panel_decision": "2022-04-05 00:00:00",
    "informal_english_translation": "The Complainant is the owner of trademarks containing the words “ESTHEDERM” and “INSTITUT ESTHEDERM” in several countries, inter alia:\r\n- the French trademark INSTITUT ESTHEDERM (registration number 1590412 registered on April 27, 1990);\r\n- the US trademark INSTITUT ESTHEDERM (registration number 74109225 registered on October 25, 1990);\r\n- the international trademark INSTITUT ESTHEDERM PARIS (registration number 815392 registered on October 16, 2003); and \r\n- the international trademark INSTITUT ESTHEDERM PARIS (registration number 1355266 registered since April 25, 2017).\r\n",
    "decision_domains": {
        "ESTHEDERM.BIZ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}