{ "case_number": "CAC-UDRP-105308", "time_of_filling": "2023-03-27 09:53:20", "domain_names": [ "adeccostaffingusa.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Adecco Group AG" ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Ted Galusha Adecco Staffing" ], "respondent_representative": null, "factual_background": "

The Complainant is a leading workforce solutions company, which brings job seekers and employers together to achieve maximum impact. The Complainant has 38,000 employees in more than 60 countries and territories, including the United States. The revenue of the Adecco Group was of EUR 23,640 million for the year 2022 and of EUR 20,949 million for the year 2021. <\/span><\/p>\n

The disputed domain name was registered on August 9, 2022, and is not used in connection with an active website.<\/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": "

COMPLAINANT:<\/p>\n

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The Complainant argues that the disputed domain name is confusingly similar to their Trademark. They claim that the disputed domain name incorporates the entire Trademark and adds the generic terms \"staffing\" and \"USA,\" which do not prevent confusion. Additionally, they state that the TLD \".com\" does not prevent confusion either.<\/span><\/p>\nThe Complainant also asserts that the Respondent has no rights or legitimate interest in the disputed domain name. They explain that they have not authorized or licensed the Respondent to use the domain name, and there is no affiliation between them. Furthermore, the Complainant states that the Respondent is not known by the domain name nor owns any corresponding registered trademarks. They argue that there is no evidence of the Respondent using or intending to use the domain name for a legitimate offering of goods or services, nor any legitimate noncommercial or fair use.<\/span>
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Regarding bad faith, the Complainant states that the disputed domain name was registered and is being used in bad faith. They claim that the Respondent registered the disputed domain name long after the Trademark, which is widely recognized. Moreover, they argue that the inclusion of two generic terms in the disputed domain name clearly refers to the Complainant, who has an established business presence in the United States through its subsidiary company Adecco USA, Inc., and offers staffing services.<\/span><\/p>\n

In terms of bad faith use, the Complainant asserts that the Respondent has not demonstrated any activity related to the disputed domain name and argues that the non-use of the disputed domain does not prevent a finding of bad faith in the present case, citing the doctrine of passive holding. The Complainant supports this argument by stating that the structure of the domain name is designed to mislead Internet users into believing it is associated with the Complainant, its subsidiary in the United States, and its business activity. They further claim that there is no evidence of any actual or intended good-faith use of the domain name, that they sent a cease and desist letter to the Respondent regarding their rights to the Trademark, which received no response, and that the Respondent impermissibly used the name \"Adecco Staffing\" in the WhoIs record, incorporating the Complainant's Trademark. Lastly, they point out that active MX records are associated with the disputed domain name, suggesting the likelihood of a corresponding fraudulent email address being used.<\/span><\/p>\n

<\/span>RESPONDENT:<\/span><\/p>\n

No administratively compliant Response has been filed.<\/span><\/p>\n<\/div>", "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": [ "Peter Müller" ], "date_of_panel_decision": "2023-05-15 00:00:00", "informal_english_translation": "

The Complainant is the registered owner of numerous trademarks for \"ADECCO\", inter alia <\/span>United States trademark registration no. 2209526, registered on December 8, 1998, in classes 35, 41 and 42 <\/span>(hereinafter referred to as the \"Trademark\").<\/span><\/p>", "decision_domains": { "adeccostaffingusa.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }