The Complainant was founded in 1871 and is a French industrial business trading internationally. It manufactures and offers products for power management, automation, and related solutions. The Complainant's corporate website can be found at www.schneider-electric.com<\/u>. The Complainant is featured on the NYSE Euronext and the French CAC 40 stock market index. In 2021, the Complainant revenues amounted to 28.9 billion euros.<\/p>\n
The Respondent is an individual and a resident of Kowloon city in Hong Kong. He registered the disputed domain name <schneiderelectricus.org> on 30 September 2022.<\/p>\n
That redirects to a website purporting to be an online store selling the Complainant’s products at discounted prices.<\/p>", "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.<\/p>", "no_response_filed": "
The Complainant<\/p>\n
The Complainant states that the disputed domain name <schneiderelectricus.org> is confusingly similar to its name and trademark.<\/p>\n
It says the addition of the letters “US”, which is the common short form of “United States”, to the trademark is not sufficient to avoid the likelihood of confusion with the Complainant’s trademark. The Complainant also contends that the addition of the gTLD suffix “.ORG” does not change the overall impression of the designation as being connected to the trademark and does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademark. <\/p>\n
It also says that the Respondent has no rights or legitimate interests in respect of the domain name and says it can make a prima facie<\/em> case that the Respondent lacks rights or legitimate interests so that the Respondent carries the burden of demonstrating rights or legitimate interests in the domain name or the Complainant is deemed to have satisfied paragraph 4(a) (ii) of the UDRP. The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name. The Complainant contends that the Respondent is not affiliated with nor authorized by it. Furthermore, the disputed domain name redirects to a website purporting to be an online store selling the Complainant’s products at discounted prices and so the domain name is used to host the Website to impersonate Complainant and attempt to mislead consumers into thinking that the goods purportedly offered for sale on the Website originate from Complainant and this is neither a bona fide offering of goods nor a legitimate interest. It relies on the lack of any disclaimer on the page of the Website and says the Oki Data<\/em> test is not met.<\/p>\n As to bad faith, it says all the Google results for the term “SCHNEIDER ELECTRIC US” refer to the Complainant’s products and the Respondent uses the Complainant’s semi-figurative trademark and products on the Website, so given the distinctiveness of the Complainant's trademarks and reputation, it is inconceivable that the Respondent could have registered the disputed domain names without actual knowledge of Complainant's rights in the trademark, which evidences bad faith. As the disputed domain name redirects to a website purporting to be an online store selling the Complainant’s SCHNEIDER ELECTRIC products at discounted prices the Complainant asserts that Respondent registered and uses the domain name in bad faith to create confusion with Complainant’s trademarks for commercial gain by using the confusingly similar domain name to resolve to website offering counterfeit or unauthorized versions of Complainant’s products in direct competition with the Complainant’s products. <\/p>\n <\/p>\n The Respondent<\/p>\n NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>",
"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).<\/p>",
"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).<\/p>",
"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).<\/p>",
"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.<\/p>",
"decision": "Accepted",
"panelists": [
"Victoria McEvedy"
],
"date_of_panel_decision": "2022-11-16 00:00:00",
"informal_english_translation": " The Complainant says it has Rights in several countries and relies on the following registered trademarks:<\/p>\n 1. The international Logo Mark for SCHNEIDER ELECTRIC, no. 715395 registered since 15 March 1999.<\/p>\n 2. The international Logo Mark for SCHNEIDER S ELECTRIC no. 715396 registered since 15 March 1999.<\/p>\n 3. The European trademark (EUTM) Logo Mark for SCHNEIDER ELECTRIC no. 1103803 registered since 12 March 1999. The Complainant is also the owner of many domain names which include the trademark such as <schneiderelectric.com> registered and used since April 1996.<\/p>\n It also says it is a well-known or famous mark and relies on findings to that effect by other UDRP panels.<\/p>",
"decision_domains": {
"schneiderelectricus.org": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
<\/p>\n