{
    "case_number": "CAC-UDRP-104558",
    "time_of_filling": "2022-05-05 09:21:10",
    "domain_names": [
        "gefcologistics.online"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "GEFCO"
    ],
    "complainant_representative": "Marks & Clerk France",
    "respondent": [
        "Lawrence Orman"
    ],
    "respondent_representative": null,
    "factual_background": "The following facts have been asserted by the Complainant and have not been contested by the Respondent:\r\n\r\nGEFCO is a French company created in 1949. GEFCO is a world expert in supply-chain solutions and the European leader in automotive logistics. GEFCO provides smart, flexible solutions to optimize manufacturers' supply chains among transport, storage, packaging, warehousing, and distribution services. Serving 10+ industries, GEFCO offers fully integrated services and a truly global, multimodal network. For more information, you can visit the website “www.gefco.net”.\r\n\r\nFor any purpose it may serve, it is to be noted that GEFCO, with 300 destinations across five continents, is also the Company name and trade name of the Complainant and included in all its subsidiaries worldwide.\r\n\r\nGEFCO is also the owner of several domain names under various extensions, such as, but not limited to, country extensions as gefco.cn, gefco.mx, gefco.jp, gefco.asia or with a broader scope like <gefco.international>, <gefco.net>, <gefco-international.net> as well as <GEFCOLOGISTICS.COM>.\r\n\r\nThe disputed domain name was registered on October 4, 2021.",
    "other_legal_proceedings": "The Panel is not conscious of any other pending or decided legal proceedings relating to the disputed domain name.",
    "no_response_filed": "I. Identical or Confusingly Similar\r\n\r\nAs for the comparison of signs between the disputed domain name and the Complainant’s trademark, we first have to say that GEFCO is a creative word composed of the acronym for \"Groupages Express de Franche-Comté\" (in French), which means in English \"Express groupings from Franche-Comté\" – Franche-Comté is a Region from France.\r\n\r\nAs for the disputed domain name, \"logistics,\" being generic and fully descriptive, the attractive term to consider when comparing signs is \"GEFCO\" alone. Also, it is to be reminded that Complainant owns the almost identical domain name <gefcologistics.com> and trademarks composed of both “GEFCO” and “LOGISTICS (GEFCO LOGISTICS FOR MANUFACTURERS” (combined) and “GEFCO, LOGISTICS FOR MANUFACTURERS”).\r\n\r\nAs a consequence, “GEFCO” being entirely comprised in the disputed domain name, we state that it is identical or at least highly similar to the Complainant's earlier domain name <gefcologistics.com> and other earlier rights (trademarks, domain names, company name, and trade name \"GEFCO\").\r\n\r\n\r\nII. Rights or Legitimate Interests\r\n\r\nAs previously stated, the Complainant is the sole owner of rights on the trademark “GEFCO”, a trademark that is creative and created by it. The Complainant owns multiple and various kinds of rights to protect this trademark worldwide.\r\n\r\nThe trademark “GEFCO” of the Complainant is under a worldwide watch for the relevant classes of the Nice Classification. Thus, if “gefcologistics” or “gefco logistics” were filed as trademarks anywhere in the world and for any goods and services, it would have been disclosed in the watch and opposed straightaway.\r\n\r\nThe Complainant has never been contacted by someone willing to register the disputed domain name in issue, nor has the Complainant given any authorization to anyone to use or apply for registration of the disputed domain name.\r\n\r\nSo, registration of the disputed domain name comprising “GEFCO” juxtaposed to the descriptive term \"logistics\"– that is to say, highly similar to its earlier rights - has never been authorized by the Complainant.\r\n\r\nAlso, the website associated with the disputed domain name is inactive, which shows the absence of interest of Respondent in the disputed domain name, which is rather registered for phishing activities (IP address created).\r\n\r\nMoreover, the Respondent chose to have his contact details anonymized on the WHOIS. So, what was disclosed were the contact details of the privacy service provider \"withheld for privacy\" with a postal address in Reykjavik, Iceland. And the Phone number is already reported on the Internet as having been used for scams. So, other fraudulent domain names using identical phone numbers have been identified as scamming practices. We thus fear that Respondent is a professional scammer or intends to be. \r\n\r\nThe Complainant states that there is no legitimate reason for the registrant to adopt the disputed domain name.\r\n\r\n\r\nIII. Registered and Used in Bad Faith\r\n\r\nFirstly, we assume that the Respondent could not ignore the existence of the earlier rights and uses for “GEFCO” as it is a world expert in supply-chain solutions and the European leader in automotive logistics and is active worldwide.\r\n\r\nThere is only to write \"gefcologistics.online” or “gefcologistics\" in the Google Bar to realize that all first results refer to the Complainant’s websites, actualities, or services. \r\n\r\nConsequently, the actual knowledge of the Complainant's trademarks and activities at the time of the disputed domain name registration has to be considered constitutive of bad faith.\r\n\r\nMore than that, we state that Respondent deliberately registered for phishing practices.\r\n\r\nIndeed, the website associated with the disputed domain name is inactive, which shows the absence of interest of Respondent in the disputed domain name, which is rather registered for phishing activities.\r\n\r\nThe fraudulent character of the registration at stake is indeed intensified because an IP address (51.89.87.113) has been created. The purpose of the said registration is thus phishing. The Respondent intends or attempts to plan to impersonate itself as a trustworthy entity (namely, the Complainant) to obtain sensitive information from the Complainant’s clients. \r\n\r\nTo conclude, the Respondent does not make fair use of the disputed domain name, which was only registered to mislead\/divert the Complainant’s clients. Registration was also made to create an IP address with the intent to proceed to phishing, commercial emailing, or spamming activities. More than infringing the Complainant's earlier rights, creating the disputed domain name attempts to public order since random recipients may be contacted through this e-mail address for downloading files and spreading malware or harming in various ways.\r\n\r\nThe Complainant does consider that the reservation of the disputed domain name infringes its rights to the eponym trademark “GEFCO”, which breaches its reputation built all along these 70 past years.\r\n\r\n\r\nRESPONDENT\r\n\r\nNo administratively compliant Response has been filed.",
    "rights": "To the satisfaction of the Panel, the Complainant has shown that the disputed domain name is identical or confusingly similar to the trademark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "To the satisfaction of the Panel, the Complainant has 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": "To the satisfaction of the Panel, the Complainant has 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 have been met, and there is no other reason why it would be unsuitable for providing the Decision.",
    "decision": "Accepted",
    "panelists": [
        "Rodolfo Carlos Rivas Rea"
    ],
    "date_of_panel_decision": "2022-05-31 00:00:00",
    "informal_english_translation": "The Complainant owns several trademarks for “GEFCO”, such as:\r\n\r\n- French trademark n° 1467049 was registered on May 19, 1988;\r\n\r\n- EU trademark n° 010795871, registered on August 22, 2012;\r\n\r\n- United Kingdom trademark n° UK00910795871, registered on August 22, 2012;\r\n\r\n- Hong Kong trademark n° 302227536, registered on April 19, 2012;\r\n\r\n- Mexican trademark n° 1267842, registered on September 21, 2012.\r\n\r\n\r\nAll of the above trademarks relate to transportation and logistics transport services of class 39. \r\n\r\n“GEFCO” is also registered as an International trademark registration n° 1127914, designating, for example, Algeria, Croatia, Russia, Morocco, Switzerland, and Ukraine, and registered on July 27, 2012, in classes 20 and 39.\r\n\r\n\r\nAdditionally, the Complainant owns other trademarks, such as:\r\n\r\nInternational trademark registration n° 864630 for “GEFCO LOGISTICS FOR MANUFACTURERS” (combined) registered since 2005 for transportation and logistics transport services of classes 39. The latter designates most of the countries of Europe, the UK, Turkey, Tunisia, Argentina, and China. \r\n\r\nInternational trademark registration n° 1152600 for “GEFCO, LOGISTICS FOR MANUFACTURERS” registered since 2005 for services of classes 39, which designates, for example, Algeria, China, Croatia, Russia, Morocco, Switzerland, Turkey, and Ukraine.",
    "decision_domains": {
        "GEFCOLOGISTICS.ONLINE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}