{ "case_number": "CAC-UDRP-105936", "time_of_filling": "2023-11-06 10:10:13", "domain_names": [ "jcdecuex.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "JCDECAUX SE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "LUK Wingle (jcdecuax.com)" ], "respondent_representative": null, "factual_background": "

The Complainant was established in 1964. It is the worldwide number one in outdoor advertising and is the only group present in the three principal segments of outdoor advertising market: street furniture, transport advertising and billboard. The Complainant employs a total of 11 200 people and is present in approximatively 80 countries and 3573 cities. It has more than 1 042 132 advertising panels in airports, rail and metro stations, shopping malls, on billboards and street furniture. The Complainant is listed on the Premier Marché of the Euronext Paris stock exchange and is part of Euronext 100 index, and has generated revenues of EUR 3317 million in 2021.<\/span><\/p>\n

The Complainant’s official website is located at the domain name <jcdecaux.com>, registered since 23 June 1997.<\/span><\/p>\n

The disputed domain name was registered on 26 October 2023 and is inactive.<\/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 states that the disputed domain name is confusingly similar to its JCDECAUX trademark. It represents an obvious misspelling of the trademark, which is not sufficient to avoid the likelihood of confusion with the trademark, and is an example of typosquatting.<\/span><\/p>\n

The Complainant maintains that the Respondent has no right or legitimate interest in respect of the disputed domain name, because it is not commonly known by the disputed domain name and is not affiliated with the Complainant, and the Complainant has not authorized the Respondent to use the Complainant’s JCDECAUX trademark. The Complainant adds that the Respondent has not used the disputed domain name and has no demonstrable plans to use it. <\/span><\/p>\n

The Complainant contends that the disputed domain name was registered and is being used in bad faith. The disputed domain name is confusingly similar to the JCDECAUX trademark and given the distinctiveness of this trademark and its reputation, it is reasonable to infer that the Respondent has registered and used the disputed domain name with knowledge of the trademark. According to the Complainant, since the disputed domain name is a misspelling of the JCDECAUX trademark, it was intentionally designed to be confusingly similar with to it. <\/span><\/p>\n

The Complainant further contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of it by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. <\/span><\/p>\n

Finally, the Complainant notes that the disputed domain name has been set up with MX records. According to the Complainant, it is inconceivable that the Respondent may be able to make any good faith use of the disputed domain name as part of an e-mail address.<\/span><\/p>\n

RESPONDENT:<\/p>\n

The Respondent did not reply to the Complainant's contentions and did not submit any arguments or evidence in its defence.  <\/span><\/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": [ "Assen Alexiev" ], "date_of_panel_decision": "2023-12-03 00:00:00", "informal_english_translation": "

The Complainant is the holder of the International trademark JCDECAUX with registration No.803987, registered on 27 November 2001 for goods and services in International Classes 6, 9, 11, 19, 20, 35, 37, 38, 39, 41 and 42 (the \"JCDEAUX trademark\").<\/span><\/p>", "decision_domains": { "jcdecuex.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }