{
    "case_number": "CAC-UDRP-104803",
    "time_of_filling": "2022-08-23 09:42:35",
    "domain_names": [
        "gefco.xyz"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "GEFCO"
    ],
    "complainant_representative": "ATOUT PI LAPLACE",
    "respondent": [
        "Michael Nava"
    ],
    "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 offers fully integrated services and a truly global, multimodal network. Complainant website is www.gefco.net.\r\n\r\n- GEFCO is the owner of several trademark registrations for the sign GEFCO in various countries all around the world:\r\n\r\nGEFCO owns more than hundreds of trademarks worldwide including the denomination GEFCO.\r\n\r\nYou will note that the first application for GEFCO occurred in France in 1988 (under n° 1467049).\r\n\r\nSince that date, word mark GEFCO has been registered all around the world for example, but not limited to, in the European Union under n° 010795871, United Kingdom under No. UK00910795871, Hong Kong under No. 302227536, Mexico under No. 1267842, all of them filed in 2012 for transportation and logistics transport services of class 39. GEFCO is also registered as an International trademark registration under No. 1 127 914 GEFCO (designating for example Algeria, Croatia, Russia, Morocco, Switzerland, Ukraine) and registered in classes 20 and 39 since 2012.\r\n\r\nAmongst other trademarks owned by Complainant some are composed of both the terms GEFCO and LOGISTICS, such as the IR trademark No. 864630 GEFCO LOGISTICS FOR MANUFACTURERS (combined logo blue\/yellow) 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. There is also the IR No. 1152600 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.\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\n\r\n- For 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 the name of all its subsidiaries all around the world.\r\n\r\n- GEFCO is also the owner of several domain names under various extensions, such as – but not limited not - country extensions as <gefco.cn, gefco.mx, gefco.jp, gefco.asia, but also gefco.net, gefco.biz, gefco.careers, gefco.eu, gefco.info, gefco.international, gefco.media, gefco.mobi, gefco.report, gefco.services, gefco.tel, gefco.vision>. \r\n\r\n- Registration of domain name <gefco.xyz> infringes or at least breaches all the aforesaid rights of the Complainant on GEFCO as it will be demonstrated below.\r\n\r\nB - Parties’ Contentions - The Complainant\r\n\r\nThrough a careful watch of its rights, GEFCO became aware of the registration of the domain name <gefco.xyz> which occurred on May 29, 2022.\r\n\r\nRegistrant name\/organisation were chosen to be anonymized through a privacy protection service. Disclosed are only the abbreviation of the Country of the Registrant (US) and the State\/province (IL). What we can say from that anonymization is that it is often used by scammers. \r\nThis disputed domain name resolves to a webpage in which we can see that it is offered for sale for a consequent amount of USD $1,988. \r\n\r\nAs for the comparison of signs between <gefco.xyz> and the denomination GEFCO owned by GEFCO, we firstly have to say that 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, the name “gefco” is identical without any alteration to the earlier sign GEFCO. The extension “.xyz” has not to be taken into account when comparing the signs.\r\n\r\nAs a consequence, GEFCO being fully reproduced without any alteration in the disputed domain name, the Complainant states that domain name <gefco.xyz> is identical to GEFCO earlier rights (trademarks, domain names, company name and trade name “GEFCO”).\r\n\r\nRespondent does not have any rights or legitimate interest in the domain name <gefco.xyz>.\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\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 < gefco.xyz>. So, registration of a domain name fully reproducing GEFCO without any alteration - that is to say identical to complaint’s earlier rights - has never been authorized by GEFCO especially since the disputed domain name is registered for the purpose of being sold. \r\nThe Complainant states that only few weeks after its reservation, the domain name <gefco.xyz> is already offered for sale. The Complainant believes that the actual purpose of registration was to have the domain name offered for sale\/ to gain money and even more, to sell it to Complainant.\r\n\r\nAs a consequence, Complainant states that there is no legitimate reason for the registrant to adopt the said domain name.\r\n\r\nThe domain name has been registered and is being used in bad faith.\r\n\r\nThe Complainant assumes that 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\nAs such, there is only to write “gefco.xyz” in the Google Bar, to realize that all first results refer to the complainant’s websites, actualities and services. \r\n\r\nThe disputed  domain name was made on May 29, 2022 that is at the same period that GEFCO was in the spot of light of actualities for being under acquisition by another company. The balance of probabilities that registration of “communication-gefco” was made in lack of awareness of Complainant is thus very low.\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 has to be considered as constitutive of bad faith. Registration of <gefco.xyz> was made in full awareness of Complainant earlier and legitimate rights and activities.\r\n\r\nMore than that, we state that Respondent deliberately registered the disputed domain name with the intention to sell it to Complainant. Indeed, GEFCO being fully created, only complainant would be interested in the registration of a domain name composed of “gefco”. As such, we can realize that only few weeks after its registration, domain name <gefco.xyz> is already offered for sale for a consequent amount of USD $1,988.\r\n\r\n- The Complainant concluded that the registrant clearly does not make fair use of the domain name which was only registered to later sell it to GEFCO. Registration of the term GEFCO without any alteration resolving to a website offering it for sale – only few weeks after its creation\/registration - must not be a coincidence but on the contrary was made with a clear fraudulent intention.\r\n\r\nGEFCO does consider that the reservation of this domain name infringes its rights to the eponym denomination GEFCO, breaches its reputation built all along these 70 past years.",
    "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": [
        "Stephanie G. Hartung, LL.M."
    ],
    "date_of_panel_decision": "2022-09-20 00:00:00",
    "informal_english_translation": "The Complainant has evidenced to be the owner of numerous trademark registrations worldwide relating to its company name and brand “GEFCO”, including, but not limited, to the following:\r\n\r\n- Word mark GEFCO, European Union Intellectual Property Office (EUIPO), registration No.: 010795871, registration date: August 22, 2012, status: active; and\r\n- Word mark GEFCO, International Trademark\/World Intellectual Property Organization (WIPO), registration No.: 1127914, registration date: July 27, 2022, status: active.\r\n\r\nAlso, the Complainant has substantiated to own numerous domain names relating to its GEFCO trademark, inter alia, the domain name <gefco.net> (registered in 1999), which redirects to the Complainant’s official websites at “www.gefco.net”, promoting the Complainant’s services in the logistics and transport industry.",
    "decision_domains": {
        "GEFCO.XYZ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}