{
    "case_number": "CAC-UDRP-104635",
    "time_of_filling": "2022-06-09 09:59:31",
    "domain_names": [
        "bioderma-vn.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "NAOS"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "HHShop"
    ],
    "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 by the pharmacist-biologist Jean-Noël Thorel. It is a leading producer of skincare products marketed under the brands Bioderma, Institut Esthederm and Etat Pur. The Complainant has more than 3,100 employees in 48 subsidiaries located around the world. To sell its BIODERMA-branded products in over 130 countries, the Complainant operates under the name BIODERMA. \r\n\r\nThe Complainant owns the domain name <bioderma.com>, registered on 25 September 1997.\r\n\r\nThe disputed domain name was registered on 23 May 2022. It resolves to the website of a company under the name BIODERMA VIETNAM, which states that it is a “BIODERMA Official Store” and that it is “Bioderma Vietnam”, and offers BIODERMA-branded products.\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\n\r\nThe Complainant submits that the disputed domain name is confusingly similar to its BIODERMA trademark, as it reproduces this trademark with the addition of the letter “vn” - the common short form of “Vietnam”, which is not sufficient to avoid the likelihood of confusion.\r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because there is no relationship between the Parties and the Respondent is not commonly known by the disputed domain name. The Complainant adds that the Respondent is not making a bona fide offering of goods or services through the disputed domain name or carrying out a legitimate non-commercial or fair use of it. Rather, the Respondent uses the disputed domain name to impersonate Complainant by creating a likelihood with the Complainant’s entity operating in Vietnam and attempts to mislead consumers into thinking that the goods purportedly offered for sale on the website originate from the Complainant. Thus, according to the Complainant, the Respondent fails in at least one of the elements of the Oki Data test, as the website linked to the disputed domain name does not disclose accurately and prominently the registrant’s relationship with the trademark holder.\r\n\r\nThe Complainant contends that the disputed domain name was registered and is being used in bad faith. According to the Complainant, given the distinctiveness of the Complainant's BIODERMA trademark and its reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with knowledge of this trademark. The Complainant notes that the Respondent’s website prominently displays the BIODERMA trademark and creates the false impression that it originates from the Complainant, so that Internet users are likely to consider the disputed domain name as endorsed by or connected with Complainant. On this basis, the Complainant contends that the Respondent acquired the disputed domain name with the only intention to attract for commercial gain Internet users to the associated website.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent 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": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2022-07-13 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademark registrations for the sign “BIODERMA” (the “BIODERMA trademark”):\r\n- the International trademark BIODERMA with registration No.267207, registered on 19 March 1963 for goods in International Class 3;\r\n- the International trademark BIODERMA with registration No.510524 registered on 9 March 1987 for goods in International Class 3; and\r\n- the International trademark BIODERMA with registration No.678846, registered on 13 August 1997 for goods in International Class 3.\r\n\r\n",
    "decision_domains": {
        "BIODERMA-VN.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}