{ "case_number": "CAC-UDRP-105338", "time_of_filling": "2023-04-12 09:58:53", "domain_names": [ "adeccopayroll.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Adecco Group AG " ], "complainant_representative": "BRANDIT GmbH", "respondent": [ "Wu Yu" ], "respondent_representative": null, "factual_background": "

The Complainant is a global workforce solutions company, offering services for both, the job seekers and employers. With 8,000 employees in more than 60 countries and territories, including in China, the Complainant handles everything from general recruitment to specialist industry placements. Since 2010, the Complainant provides total human resources services including Professional Staffing Solutions, General Staffing Solutions, Global Employee Outsourcing, Payroll & HR Services across China.<\/span><\/p>\n

No  particular information is known about the Respondent, named Wu Yu, resident of China, who acquired the disputed domain name <adeccopayroll.com> on 30 June, 2022.<\/span><\/p>\n

The disputed domain name is not currently used in connection with any goods or services and rather resolves to a parking webpage which includes sponsored, pay-per-click, advertisement.<\/span><\/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

Identical or confusingly similar<\/span><\/strong><\/p>\n

The Complainant argues that the disputed domain name <adeccopayroll.com> and the Complainant's registered trademarks are confusingly similar. Particularly, the Complainant contends that the disputed domain name <adeccopayroll.com> incorporates, in its second-level portion, the Complainant’s registered and widely known trademark ADECCO in its entirety and the descriptive term “payroll”. Moreover, according to the Complainant, the applicable top-level suffix “.com” must be disregarded under the similarity test as its function is merely technical and as such does not prevent the likelihood of confusion.<\/span><\/p>\n

No rights or legitimate interests<\/span><\/strong><\/p>\n

The Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent has ever offered any goods or services under the disputed domain name, nor has making any businesses with the Complainant. Moreover, the Complainant states that the Respondent has not been licensed or authorized in other way to use the Complainant’s trademarks nor to apply for or use any domain name incorporating such trademarks.<\/span><\/p>\n

Finally, according to the Complainant, the structure of the disputed domain names reveals that Respondent’s initial intention in registering the disputed domain name was to refer to the Complainant, its trademark and business activity. The disputed domain name indeed incorporates the Complainant’s trademark ADECCO with the addition of the term “payroll”. Such association of terms within the disputed domain name directly refers to the Complainant and the “payrolling” services it provides.<\/span><\/p>\n

Registered and used in bad faith<\/span><\/strong><\/p>\n

As far as bad faith registration and use is concerned, the Complainant states that the ADECCO trademark has strong online presence and is widely known and registered in many countries including in China, country where the Respondent is based. Consequently, according to the Complainant, the Respondent would have inevitably learnt about the Complainant, its trademark and business.<\/span><\/p>\n

Furthermore, the Complainant contents that the way how the disputed domain name is being used is evidence of use in bad faith.<\/span><\/p>\n

Besides, the Complainant points out that it indented to settle this dispute by sending a cease-and-desist letter to the Respondent before starting this administrative proceeding, which was left unanswered by the Respondent.  <\/span><\/p>\n

RESPONDENT: 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": [ "Hana Císlerová" ], "date_of_panel_decision": "2023-05-16 00:00:00", "informal_english_translation": "

The Complainant is the registered owner of several trademarks for the name ADECCO, among which the following:<\/span><\/p>\n

 <\/span><\/p>\n

- the Swiss trademark ADECCO No. P-431224, registered on September 26, 1996, in classes 35, 41 and 42;<\/span><\/p>\n

- the Swiss trademark ADECCO No. P-549358, registered on August 18, 2006, in classes 9, 35, 36, 41 and 42;<\/span><\/p>\n

- the European Union trademark ADECCO No. 3330149, registered on January 19, 2005, in classes 35, 41 and 42;<\/span><\/p>\n

- the International trademark ADECCO No. 666347, registered on October 17, 1996, in classes 35, 41 and 42;<\/span><\/p>\n

- the International trademark ADECCO No. 901755, registered on August 18, 2006, in classes 9, 35, 36, 41 and 42;<\/span><\/p>\n

- the United States trademark ADECCO No. 2209526, registered on December 8, 1998, in classes 35, 41 and 42;<\/span><\/p>\n

- the China trademark ADECCO No. 8720131, registered on November 14, 2011, in class 35;<\/span><\/p>\n

- the China trademark ADECCO No. 8720132, registered on November 14, 2011, in classes 36;<\/span><\/p>\n

- the China trademark ADECCO No. 57911953, registered on February 21, 2022, in class 42;<\/span><\/p>\n

- the China trademark ADECCO No. 57918308, registered on February 7, 2022, in class 35; and<\/span><\/p>\n

- the China trademark ADECCO No. 57901745, registered on February 7, 2022, in class 41.<\/span><\/p>", "decision_domains": { "adeccopayroll.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }