{ "case_number": "CAC-UDRP-104248", "time_of_filling": "2022-01-04 09:17:40", "domain_names": [ "nuxeonline.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Laboratoire Nuxe" ], "complainant_representative": "Marks & Clerk France", "respondent": [ "fan Yi" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nFactual Background – Prior rights of the Complainant\r\n\r\nLaboratoire Nuxe (hereafter “Nuxe”) is a French company created in 1964 specialized in manufacture and trade of cosmetics as well as personal care products and related services sold under trademark NUXE (website http:\/\/nuxe.com). \r\n\r\nNuxe is the owner of several trademark registrations for this sign NUXE in various countries all around the world. The first application for a trademark comprising NUXE occurred in France in 1994 (under n° 94 518 763).\r\n\r\nSince 1994, word mark NUXE has been registered all around the world for example, but not limited to, Nuxe is protected as European Union trademark registration n°8 774 531 filed in 2009, international trademark registration n° 1 072 247 filed in 2011 designating 59 countries including USA, Japan, South Korea, Russia. It has also been registered in China, Mexico, Brazil, Argentina and Canada (n° 1 515 150 dated 2011). \r\n\r\nAll these marks are registered at least in classes 3 and 44 for cosmetics and more generally personal care related goods and services as shown on the attached extracts of database from EUIPO, WIPO and Canadian Trademark Office.\r\n\r\nFor any purpose, it may serve, it is to be noted that Nuxe is also the Company name and trade name of the Complainant and included in the name of all its subsidiaries all around the world, including in China, country of the Registrant, for which the company name is Nuxe (Shanghai) Cosmetic Company Limited incorporated in 2014. \r\n\r\nNuxe is also the owner of several domain names under various extensions, such as, but not limited to, (created in 1998), , , , , , , , but also domain names comprising the term “nuxe” combined with another term, such as but not limited to: nuxespa, nuxebio, nuxe-bio, nuxe organic, nuxe-organic in the same extensions. \r\n\r\nRegistration of domain name infringes or at least breaches all the aforesaid rights of the Complainant on NUXE as it will be demonstrated below.\r\n\r\nThrough a careful watch of its rights, Nuxe became aware of the registration of the domain name which occurred on August 29, 2021. This domain name is registered by someone called “fan Yi” with the following address street “hunanshengxiangxiangshiwangchunmendongfenglu37ha”, City XiangXiangShi, Province HuNana, Postal Code 411400, Country China. ", "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", "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. \r\n\r\nI. LANGUAGE OF PROCEEDINGS REQUEST:\r\n\r\nAccording to the Registrar Verification, the language of the registration agreement is Chinese. The Complainant requests the language of the proceedings to be English so it is fair to both parties. \r\n\r\nThe Complainant requests that the language of this administrative proceeding be English pursuant to UDRP Rule 11(a): Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding. Complainant makes this request in light of the potential Chinese language Registration Agreement of the Disputed Domain Name involved at this Complaint.\r\n\r\nParagraph 10 of the UDRP Rules vests a Panel with authority to conduct the proceedings in a manner it considers appropriate while also ensuring both that the parties are treated with equality, and that each party is given a fair opportunity to present its case. UDRP panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement. Such scenarios were summarized into WIPO Jurisprudential Overview 3.0, 4.5.1. In this particular instance, the Complainant tried to request change of languages of proceedings in light of Chinese language Registration Agreement by showing that 1) disputed domain name are formed in English characters; 2) the disputed domain name directed websites with links to English pornographic materials; 3) conducting the proceeding in languages other than Chinese would entail significant additional costs for the Complainant and unnecessarily burden the Complainant. \r\n\r\nIn light of the scenarios and equity, the Panel is of the view that conducting the proceeding in English is unlikely to heavily burden the Respondent, and it is likely that the Respondent can understand the English language based on a preponderance of evidence test. Without further objection from the Respondent on the issue, the Panel will proceed to issue the decision in English.", "decision": "Accepted", "panelists": [ "Carrie Shang" ], "date_of_panel_decision": "2022-04-16 00:00:00", "informal_english_translation": "", "decision_domains": { "NUXEONLINE.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }