{ "case_number": "CAC-UDRP-105783", "time_of_filling": "2023-09-19 09:13:27", "domain_names": [ "leroymerlin-russia.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "GROUPE ADEO" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Host Master (1337 Services LLC)" ], "respondent_representative": null, "factual_background": "
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GROUPE ADEO (the \"Complainant\") is a French company specializing in the sale of articles covering all sectors of the home, the development of the living environment and DIY, both for individuals and professionals<\/span>.<\/span><\/p>\n

The pioneering company of GROUPE ADEO is LEROY MERLIN, created in 1923. LEROY MERLIN is the leading DIY retailer in the home improvement and living environment market, with 21,000 employees in France and 400 stores throughout the world<\/span><\/p>\n

The Complainant contends that the disputed domain name <leroymerlin-russia.com> is confusingly similar to the trademark LEROY MERLIN. Indeed, the domain name includes it in its entirety.
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The Complainant asserts that the addition of the geographical term “RUSSIA” is not sufficient to escape the finding that the domain name is confusingly similar to the trademark and branded goods LEROY MERLIN. It does not change the overall impression of the designation as being connected to the Complainant’s trademark LEROY MERLIN. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and the domain name associated. It is well established that <\/span>“a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP”. <\/span>Please see WIPO Case No. D2003-0888, <\/span>Dr. Ing. h.c. F. Porsche AG v. Vasiliy Terkin.<\/span><\/p>\n

The Complainant relies also on the fact that past panels have confirmed the Complainant’s rights over the terms “LEROY MERLIN” citing in particular,<\/p>\n

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  • WIPO Case No. D2022-3778, <\/span>Groupe Adeo v. Privacy service provided by Withheld for Privacy ehf \/ Huseyin Cemal COBAN, CiksNET, <leroymerlin.xyz>;<\/span><\/li>\n
  • WIPO Case No. D2022-3088, <\/span>Groupe Adeo v. Jean Phillipe <leroymerlin-france.com>.<\/span><\/li>\n<\/ul>\n

    So, the disputed domain name is in the view of the Complainant confusingly similar to Complainant’s trademark LEROY MERLIN.<\/p>\n

    The Complainant asserts that the Respondent is not known as the disputed domain name.<\/p>\n

    The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and he is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n

    The Complainant contents that neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark LEROY MERLIN, or apply for registration of the disputed domain name by the Complainant.<\/p>\n

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    The Complainant states that the disputed domain name is identical to its trademark LEROY MERLIN. It has been registered several years after the registration of the trademark LEROY MERLIN<\/span>. <\/span>In addition, the disputed domain name was used in a phishing attempt. Indeed, the Respondent attempted to pass of as one of the LEROY MERLIN employees<\/span>. Therefore, the Complainant states that the Responded used the disputed domain name in bad faith, as it is well-established that using a domain name for purposes of phishing or other fraudulent activity constitutes solid evidence of bad faith use.<\/span><\/p>\n

    Given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>", "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

    The Complainant contends that the requirements of the Policy have been met (see factual backgrounds) and that the disputed domain name should be transferred to it.<\/p>\n

    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": [ "David-Irving Tayer" ], "date_of_panel_decision": "2023-10-22 00:00:00", "informal_english_translation": "

    The Complainant has evidenced to be the owner of the following trademark registrations:<\/p>\n

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      Trademark LEROY MERLIN, International registration n° 591251, registered since July 15, 1992 and duly renewed since;<\/p>\n<\/li>\n

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      Trademark LEROY MERLIN (figurative) International Registration n° 701781 registered since August 14, 1998 and duly renewed since;<\/p>\n<\/li>\n

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      Trademark LEROY MERLIN European registration n° 10843597 registered since April 27, 2012 and duly renewed since;<\/p>\n<\/li>\n

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      Trademark LEROY MERLIN (figurative) European registration n°11008281 registered since July 2, 2012 duly renewed since.<\/p>\n<\/li>\n<\/ul>\n

      Also, the Complainant has substantiated to own e.g. since 2003 the domain name <leroymerlin.ru> which resolves to the Complainant’s main website for the territory of Russia at “www.leroymerlin.ru”, intended to promote the Complainant’s home living products and related services in that area and the domain name <leroymerlin.fr> registered since 1996 and uses it for the official website of its subsidiary LEROY MERLIN FRANCE amongst numerous domain names comprising the trademark LEROY MERLIN.<\/p>\n

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      The disputed domain name <leroymerlin-russia.com> was registered on July 30, 2023 <\/span>and is alleged to have been used in a phishing scheme<\/span>.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>", "decision_domains": { "leroymerlin-russia.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }