{ "case_number": "CAC-UDRP-104492", "time_of_filling": "2022-04-13 09:07:21", "domain_names": [ "algecoaffinity.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "ALGECO" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Domain Sales - (Expired domain caught by action winner)" ], "respondent_representative": null, "factual_background": "The Complainant was created in the early 1950’s, it is a pioneer in modular solutions constructions since 1955. The Complainant is a worldwide market-leading supplier of portable, modular space and secure storage solutions for businesses and public sector agencies, with multiple delegations across Europe, including France and even in China through a joint venture Algeco Chengdong. The Complainant offers from single portable buildings to stylish and inspiring multi-storey design and build structures under quality-controlled highest standards. \r\n\r\nThe Complainant constructions are as modular offices, modular schools, bases of life on site, modular medical and health, modular event building and storage spaces, considering comfort and aesthetics, risk prevention and energy. The Complainant has achieved a consistent list of significant constructions as the forecourt of lines 14 and 18 at Orly Airport (ORY); the setting up modular additional buildings for the health sector at the Antony Hospital before the health crisis; at the Lycée Pierre Mendès France of Ris-Orangis in 2019 to allow the teaching activity during its renovation; as part of the reinforcement work of the tunnel of the RER line C, SPIE Batignolles and Soletanche Bachy in Paris. \r\n\r\nAccording to the evidence presented before the Panel, the disputed domain name was registered on March 28, 2022, and it is redirected to an active website https:\/\/dan.com\/es-es\/buy-domain\/algecoaffinity.com?redirected=true&tld=com where the disputed domain name is offered for sale initially for 995 USD. \r\n\r\nBy the time of this Decision, the disputed domain name and the website are active. ", "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\n\r\n1)\tThe Complainant asserts that the disputed domain name is confusingly similar to the trademark ALGECO, that the addition of the term “AFFINITY” is not sufficient to escape the finding that the domain name is confusingly similar to the trademark ALGECO. It does not change the overall impression of the designation as being connected to the Complainant’s trademark ALGECO. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademarks. \r\n\r\n2)\tThe Complainant also asserts that it is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP” (see Dr. Ing. h.c. F. Porsche AG v. Vasiliy Terkin, WIPO Case No. D2003-0888). \r\n\r\n3)\tOn the contrary, the addition of the term “AFFINITY” worsens the likelihood of confusion, as it directly refers to filed UK trademark “ALGECO AFFINITY”, filed by the Complainant’s entity ALGECO UK LIMITED. \r\n\r\n4)\tThe Complainant asserts that the Respondent is not known as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the WhoIs information was not similar to the disputed domain name. Thus, the Respondent is not known as the disputed domain name (see Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II v. Chad Moston \/ Elite Media Group, Claim No. FA 1804001781783). \r\n\r\n5)\tThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the domain name and he 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.\r\n\r\n6)\tThe Complainant also contends, that neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark ALGECO, or apply for registration of the disputed domain name by the Complainant.\r\n\r\n7)\tThe disputed domain name points to a DAN.COM page where the domain name is offered for sale for 995 USD. The Complainant contends that this general offer to sell the disputed domain name evidences the Respondent’s lack of rights or legitimate interest. \r\n\r\n8)\tThe Complainant also contends that the disputed domain name has been registered the day of the filling of the corresponding trademark “ALGECO AFFINITY” by the Complainant’s subsidiary ALGECO UK LIMITED; that the terms “ALGECO AFFINITY” have no meaning in English or any language, except in reference to the Complainant and its establishment in UK. \r\n\r\n9)\tThe Complainant contends that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark (see Ferrari S.p.A v. American Entertainment Group Inc., WIPO Case No. D2004-0673); moreover, that the disputed domain name resolves to a DAN.COM page displaying a general offer to sell the domain for 995 USD, failing in its active use, constituting an evidence of bad faith registration and use (see Airbnb, Inc. v. khaled salem, Claim No. FA 1804001784212). \r\n\r\n10)\tThe Complainant contends that the Respondent has registered the disputed domain name only to sell it back for more than the out-of-pockets costs, which evidences bad faith registration and use (see Citigroup Inc. v. Kevin Goodman, Claim No. FA 1506001623939). \r\n\r\n\r\nRESPONDENT: The Respondent did not reply to any of the Complainant's contentions.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": [ "Ms. MARÍA ALEJANDRA LÓPEZ GARCÍA" ], "date_of_panel_decision": "2022-05-09 00:00:00", "informal_english_translation": "The Complainant is a worldwide market-leading supplier of portable, modular space and secure storage solutions for businesses and public sector agencies, with multiple delegations including across France and Europe. It was created in the early 1950’s; the Complainant offers from single portable buildings to stylish and inspiring multi-storey design and build structures under quality-controlled highest standards. \r\n\r\nThe Complainant owns the following Trademarks: \r\n-\tInternational Trademark ALGECO, Reg. No. 386452 granted on January 27, 1972, in force until January 27, 2032, in connection with classes 6, 12, 19, 20, 36, 39 and 42; and\r\n-\tInternational Trademark ALGECO, Reg. No. 1099894 granted on October 21, 2011, in force until October 21, 2031, in connection with classes 6, 19, 20, 37, 39 and 43. \r\n\r\nThe disputed domain name was registered on March 28, 2022, and resolves to an active website where the disputed domain name is offered for sale.", "decision_domains": { "ALGECOAFFINITY.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }