{ "case_number": "CAC-UDRP-104739", "time_of_filling": "2022-07-15 09:23:54", "domain_names": [ "gefcologisticsco.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "GEFCO" ], "complainant_representative": "Marks & Clerk France", "respondent": [ "Bob Lee" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nA) Factual Background – Prior rights of the Complainant\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. Amongst services of transport, storage, packaging, warehousing, distribution, GEFCO provides smart, flexible solutions to optimize manufacturers’ supply chain. Serving 10+ industries, GEFCO has fully integrated services and a truly global, multimodal network. The official website is www.gefco.net.\r\n\r\nGEFCO owns more than hundreds of trademarks worldwide including the denomination GEFCO.\r\n\r\n- GEFCO is also the owner of several domain names under various extensions, such as, but not limited to, country extensions as , , , or with a broader scope like , , as well as , and .\r\n\r\nTwo domain names and were transferred to Complainant in recent UDRP decisions.\r\n\r\nRegistration of domain name infringes or at least breaches all the aforesaid rights of the Complainant on GEFCO.\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. Amongst services of transport, storage, packaging, warehousing, distribution and logistics transport services, GEFCO provides smart, flexible solutions to optimize manufacturer’s’ supply chain. Serving 10+ industries, GEFCO offers fully integrated services and a truly global, multimodal network.\r\nGEFCO is thus the owner of rights on the term GEFCO registered as trademarks, company names\/trade names and domain names, as detailed above.\r\n\r\nII – Legal grounds\/similarity of signs\r\n\r\nGEFCO became aware of the registration of the domain name which occurred on June 29, 2022.\r\nThe disputed domain name resolves to a webpage offering exact same activities\/services than Complainant: ie.: Packing and storage, warehousing, delivery, sea, air and land shipping, transportation, logistics etc.\r\n\r\nAs for the comparison of signs between and the denomination GEFCO owned by GEFCO, it is GEFCO is a creative word composed of the acronym for “Groupages Express de Franche-Comté” (in French) what 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 – and corresponds to Complainant’s area of activity, “co” being the abbreviation for “company”, the attractive term that is to take into account in the comparison of signs is “GEFCO” alone. Also, Complainant owns the almost identical domain names , and and trademarks composed of both GEFCO and LOGISTICS (GEFCO LOGISTICS FOR MANUFACTURERS (combined) and GEFCO, LOGISTICS FOR MANUFACTURERS).\r\n\r\nGEFCO is fully comprised and recognizable in the disputed domain name. This domain name is highly similar to GEFCO earlier rights (trademarks, domain names, company name and trade name “GEFCO”). The fact that the disputed domain name comprised descriptive terms which for one corresponds to Complainant’s area of activity, is even likely to increase the possibility of confusion amongst consumers.\r\n\r\nIII – Respondent does not have any rights or legitimate interest in the disputed domain name .\r\n\r\nGEFCO is the sole owner of rights on the denomination GEFCO, denomination which is creative and created by it. GEFCO owns multiple and various kind of rights to protect this denomination all around the world.\r\n\r\nTrademark GEFCO is owned by Complainant.\r\n\r\nGEFCO has never been contacted by someone willing to register the domain name in issue nor has given any authorization to anyone to make any use, or apply for registration of the domain name .\r\n\r\nThe domain name comprising GEFCO juxtaposed to descriptive terms “logistics” and “co” – is highly similar to Complainants earlier rights. The domain name refers expressly to complainant’s area of activity. It has never been authorized by GEFCO. The disputed domain name is used to host and provide the exact same services what is a clear breach of GEFCO’s rights and reputation.\r\n\r\nMoreover, respondent choose to have his contact details anonymized on the WHOIS.\r\n\r\nAn address e-mail corresponding to the disputed domain name has been created (please see below) and Respondent was really reactive to create its website (in less than two weeks) which hosted, for example, random photos from the internet (eg. Board members) and a commercial from UPS surely to attract the client\/victim http:\/\/gefcologisticsco.com\/.\r\n\r\nIV – The domain name has been registered and is being used in bad faith.\r\n\r\nThe registrant cannot have been ignoring 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\nAs such, when searching “gefco” and more “gefco logistics” on an internet search engine all first results refer to the complainant’s websites, actualities and services.\r\n\r\nAs a consequence, the actual knowledge of GEFCO’s trademarks\/denomination and activities at the time of the registration of the disputed domain name have to be considered as an act of bad faith. Registration of was made in awareness of Complainant earlier and legitimate rights and activities.\r\n\r\nThe Respondent deliberately registered the disputed domain name with the intention to create a likelihood of confusion in the consumers’ mind. In order to complete the phishing practice, a website offering the exact same services\/activities than Respondent was released only few days thereafter, a fake company name “GEFCO LOGISTICS” was chosen and published on said website and an e-mail address was created.\r\n\r\nThe fraudulent character of the registration at stake is also intensified by the fact that an IP address (154.16.170.58) has been created. Purpose of the said registration is thus phishing that is that respondent intents or attempts to intent that to impersonate itself as a trustworthy entity (namely, GEFCO) in order to obtain sensitive information from complainant’s clients.\r\nIn recent WIPO Arbitration it was asserted that the sole creation of an IP address was an act constitutive of bad faith (Robertet SA v. Marie Claude Holler, WIPO Case No. D2018-1878, November 6, 2018 and Credit Industriel et Commercial S.A. v. Xing Zhou, WIPO Case No. D2019-0654, May 17, 2019).\r\n\r\nThe Respondent uses the colours blue and yellow on its website, what is the exact colour play of GEFCO as it can be verified on its website https:\/\/www.gefco.net and is also the colour play of some of its registered trademarks. Definitely, the balance of probabilities seems to indicate the Respondent targeted the Complainant.\r\n\r\nThe Registrant clearly does not make fair use of the domain name which was only registered mislead\/divert GEFCO clients. Registration of the term GEFCO plus the descriptive term of activity of complainant which resolves to a website offering the exact same services as Complainant's is no coincidence. It was clearly made to suggest an affiliation with the Complainant. Registration was also made to create an IP address with the intent to proceed to phishing, commercial emailing or spamming activities. More than infringing Complainant’s earlier rights, the creation of the disputed domain name attempts to public order since random recipients may be contacted through this e-mail address for downloading files and so spreading malware or harming in various ways.", "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.", "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. E.J.V.T. van den Broek" ], "date_of_panel_decision": "2022-08-12 00:00:00", "informal_english_translation": "-\tRegistered national trademark GEFCO in France in 1988 (No. 1467049);\r\n-\tEuropean Union trademark GEFCO No. 010795871;\r\n-\tUnited Kingdom under No. UK00910795871;\r\n-\tHong Kong No. 302227536, Mexico No. 1267842; \r\n-\tIR No. 1 127 914 GEFCO (designating i.a. Algeria, Croatia, Russia, Morocco, Switzerland, Ukraine);\r\n-\tIR No. 864630 GEFCO LOGISTICS FOR MANUFACTURERS (combined logo blue\/yellow) designating most of the countries in Europe, the UK, Turkey, Tunisia, Argentina and China;\r\n-\tIR No. 1152600 GEFCO, LOGISTICS FOR MANUFACTURERS, covering Algeria, China, Croatia, Russia, Morocco, Switzerland, Turkey, and Ukraine;\r\n-\tIRs No. 1 400 217 GEFCO. PARTNERS, UNLIMITED; and\r\n-\tIR No. 1 401 963 GEFCO. INFINITE PROXIMITY designating Indonesia for, among others, services of class 39.\r\n\r\nAll these marks are registered at least in classes 39 for services of transportation, storage, packaging, warehousing, distribution and logistics transport services as shown on the attached extracts of databases from France, EUIPO, WIPO, United Kingdom, Hong Kong and Mexico Trademark Offices.\r\nSince the first application for GEFCO in France in 1988 (under n° 1467049) the word mark GEFCO has been registered all around the world for example, but not limited to the European Union, United Kingdom, Hong Kong, Mexico, Algeria, Croatia, Russia, Morocco, Switzerland, Ukraine, Complainants IR trademark GEFCO LOGISTICS FOR MANUFACTURERS (combined logo blue\/yellow) is designated for most of the countries of Europe, the UK, Turkey, Tunisia, Argentina and China. IR Trademark GEFCO, LOGISTICS FOR MANUFACTURERS is designated for Algeria, China, Croatia, Russia, Morocco, Switzerland, Turkey, and Ukraine.\r\n\r\nAs for Indonesia, where the Respondent pretends to be located, GEFCO also owns IR Trademarks No. 1 400 217 GEFCO. PARTNERS, UNLIMITED and IR No. 1 401 963 GEFCO. INFINITE PROXIMITY.", "decision_domains": { "GEFCOLOGISTICSCO.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }