The Complainant informs that S.P.M.D., operating under the name “LABORATOIRES IPRAD”, develops health and wellness products for women. It has enjoyed strong growth over the last 30 years, as a proud leader on the French Feminine Care market. Created in 1989, the SAFORELLE trademark is used for the Complainant’s intimate hygiene and feminine hygiene products. The Complainant is the owner of several trademarks SAFORELLE, as well as of the EUTM application for SAFORELLE ESSENTIAL. The Complainant also owns several domain names containing the trademark SAFORELLE. <\/p>\n
The Complainant notes that the disputed domain name <saforelleessential.com> was registered on October 13, 2023 and that the website linked to the disputed domain name simply redirects to a parking page offering the disputed domain name for sale for $2.588.<\/p>\n
In the Complainant's view the disputed domain name <saforelleessential.com> is confusingly similar to its trademark SAFORELLE since the addition of the term ESSENTIAL is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark.<\/p>\n
In addition, according to the Complainant, the Respondent is not known as the disputed domain name. The Complainant also contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name <saforelleessential.com> and that the Respondent is not related in any way with the Complainant. Furthermore, the Complainant informs that S.P.M.D. does not carry out any activity for, nor has any business with the Respondent and that neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark SAFORELLE, or apply for registration of the disputed domain name by the Complainant.<\/p>\n
The Complainant also outlines that the disputed domain name <saforelleessential.com> has been registered on the day of the filling of the EUTM no. 18937419 for the corresponding trademark SAFORELLE ESSENTIAL in the name of S.P.M.D. The Complainant contends that it evinces that the Respondent has knowledge of the Complainant, its trademark SAFORELLE, and its filed trademark SAFORELLE ESSENTIAL when he registered the disputed domain name.<\/p>\n
Moreover, the disputed domain name is offered for sale for $2.588. The Complainant claims that the Respondent fails to make an active use of the disputed domain name and that the Respondent has registered the disputed domain name only in order to sell it back for out-of-pockets costs, which is evidence of bad faith registration and use.<\/p>\n
<\/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´s contentions are summarised above.<\/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": [ "Guido Maffei" ], "date_of_panel_decision": "2023-12-12 00:00:00", "informal_english_translation": "
The Complainant is the owner of several trademarks.<\/p>\n
In particular, S.P.M.D. owns:<\/span><\/p>\n\n