{ "case_number": "CAC-UDRP-105875", "time_of_filling": "2023-10-13 09:38:18", "domain_names": [ "biodermabella.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "NAOS" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Ali Estelik (Ali Estelik)" ], "respondent_representative": null, "factual_background": "

The Complainant is a beauty company that was founded in France 40 years ago. The Complainant owns 46 subsidiary companies and employs over 3,000 people around the world. The Complainant owns the skincare trademark BIODERMA and sells BIODERMA branded products in over 130 countries worldwide. <\/span><\/p>\n

The disputed domain name <biodermabella.com> was registered on December 3rd<\/sup>, 2022 and redirects to a website offering for sale skin moisturizer products under the trademark BIODERMABELLA. <\/span><\/p>\n

The Respondent is a turkish based citizen named Ali Estelik.<\/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

The Complainant contends that the disputed domain name <biodermabella.com> is confusingly similar to the Complainant’s registered trademark BIODERMA since it includes the Complainant’s trademark in its entirety. The addition of the term “bella” does not sufficiently distinguish the disputed domain name from the Complainant’s trademark. Furthermore, the addition of the country code Top-Level Domain (“ccTLD”) “.ir” does not prevent the likelihood of confusion.<\/span><\/p>\n

The Complainant submits that the Respondent does not own any rights or legitimate interests in the disputed domain name. The Complainant does not have any relationship or business connection with the Respondent. The Respondent is not authorized in any way to use the BIODERMA trademark nor he is known as the disputed domain name.<\/span><\/p>\n

The Complainant further adds that the Respondent registered and is using the disputed domain name in bad faith. According to the Complainant, the Respondent should have been aware of the Complainant’s trademark by virtue of its status as a well-known trademark and its widespread reputation throughout the world. The disputed domain name redirects to an online shop that offers competing products. The Complainant contends that the Respondent is using the BIODERMA trademark to intentionally mislead consumers into believing that the website is connected to the Complainant, for purposes of commercial gain.<\/span><\/p>\n

RESPONDENT:<\/p>\n

The Respondent did not file a response to the Complaint. <\/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": [ "Andrea Mascetti" ], "date_of_panel_decision": "2023-11-16 00:00:00", "informal_english_translation": "

The Complainant proved to be the owner of the following trademarks:<\/p>\n

i. The international trademark BIODERMA® n° 267207 registered since March 19th<\/sup>, 1963;<\/p>\n

ii. The international trademark BIODERMA® n° 510524 registered since March 9th<\/sup>, 1987;<\/p>\n

iii. The international trademark BIODERMA® n° 678846 registered since August 13th<\/sup>, 1997, designating amont the other Turkey where the Respondent is allegedly based.<\/p>\n

Furthermore, the Complainant is the owner of the domain name <bioderma.com> registered since September 25<\/span>th<\/sup>, 1997 and used for its official website<\/span>.<\/span><\/span><\/p>", "decision_domains": { "biodermabella.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }