The Complainant is a French company operating worldwide in the field of outdoor advertising, which comprises street furniture, transport advertising, and billboard. The Complainant has more than 957,700 advertising panels in airports, rail and metro stations, shopping malls, on billboards and street furniture. The Complainant is listed on the Paris Stock Exchange and is part of the Euronext 100 index. With more than 10,700 employees, the Complainant’s group is present in over 80 countries and had a turnover of 2,745 million Euros in 2021.<\/p>\n
The disputed domain name was registered on 13 December 2022 and resolves to an inactive webpage.<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings, either pending or decided, which relate to the disputed domain name.<\/p>", "no_response_filed": "
No administratively compliant Response has been filed. <\/p>\n
According to the Complainant, the disputed domain name is confusingly similar to its JCDECAUX mark, as the addition of the term “marketing”, cannot prevent a finding of confusing similarity. It is in fact a well-established principle that a domain name that fully incorporates a Complainant’s trademark may be sufficient to establish confusing similarity for the purpose of the UDRP if such trademark is recognizable within the disputed domain name.<\/p>\n
The Complainant maintains that the Respondent does not have rights or legitimate interests in the disputed domain name. The Complainant does not appear to be commonly known by the disputed domain name. The Respondent is not affiliated with the Complainant. The Complainant has no business or other relation with the Respondent, and never licensed its JCDECAUX trademark to the Respondent, nor authorised the Respondent to make use of its trademark, or register a domain name containing this mark.<\/p>\n
Furthermore, the disputed domain name does not resolve to an active website and, to the best of the Complainant's knowledge, the Respondent did not make any use of the disputed domain name since its registration, and does not have demonstrable plans to use the disputed domain name in the future.<\/p>\n
Lastly, the Complainant contends that the disputed domain name was registered and has been used in bad faith. The Complainant asserts that its trademark JCDECAUX is well known, and has been known for decades and protected in several countries at the time of the registration of the disputed domain name. Besides, the addition of the term \"marketing\" to the Complainant's mark cannot be coincidental, as it refers to the Complainant's activities. A search made on Google(r) with the keywords \"jcdecaux marketing\" only refers to the Complainant and to its activities.<\/p>\n
Hence, it is clear that the Complainant registered the disputed domain name with full knowledge of the Complainant's trademark.<\/p>\n
In relation to the use of the disputed domain name in bad faith, the Complainant underlines that the disputed domain name does not lead to an active webpage and that it is not possible to conceive any plausible actual or contemplated active use of the disputed domain name that would not be illegitimate such as being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under the trademark law. As already found by previous Panels, the Complainant maintains that the incorporation of a famous mark into a domain name, coupled with an inactive website may be evidence of bad faith registration and use.<\/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": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2023-01-29 00:00:00", "informal_english_translation": "
The Complainant is the owner of international trademark registration JCDECAUX n° 803987, of 27 November 2001, covering goods and services in classes 6, 9, 11, 19, 20, 35, 37, 38, 39, 41 and 41, and designating various countries.<\/p>\n
The Complainant is also the owner of the domain name <jcdecaux.com>, registered on 23 June 1997.<\/p>", "decision_domains": { "jcdecaux-marketing.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }