{ "case_number": "CAC-UDRP-106107", "time_of_filling": "2023-12-22 10:21:20", "domain_names": [ "algeco.shop" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "ALGECO" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "MEI WANG (MEI WANG)" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n

The Complainant was created in the early 1950’s, and its principal business throughout its lifespan has been modular space and secure storage solutions for businesses and public sector agencies, as per their website at: <www.algeco.fr>.<\/p>\n

The Complainant also owns an important domain names portfolio, such as the domain name <algeco.com> registered since August 11, 1997.<\/p>\n

The disputed domain name was registered on December 15, 2023 and redirects to a <Dan.com> page where it is offered for sale for 1450 USD. <\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or decided legal proceedings relating to the disputed domain name.<\/p>", "no_response_filed": "

COMPLAINANT:<\/p>\n

    \n
  1. The domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights<\/li>\n<\/ol>\n

    The Complainant states that the disputed domain name <algeco.shop> is identical to its trademark “ALGECO”.<\/p>\n

    Indeed, the disputed domain name comprises the Complainant’s trademark without any addition or deletion. The Complainant contends that the addition of the New gTLD “.SHOP” does not change the overall impression of the designation as being connected to Complainant’s trademark. It does not prevent the likelihood of confusion between the disputed domain name and Complainant, its trademark and its domain names associated.<\/p>\n

    Finally, past Panel have confirmed the Complainant rights over the term “ALGECO”.<\/p>\n

    Thus, the disputed domain name is identical to the Complainant's trademark “ALGECO”.<\/p>\n

      \n
    1. The Respondent has no rights or legitimate interests in respect of the domain name.<\/li>\n<\/ol>\n

      The Complainant asserts that the Respondent is not known as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name. Thus, 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

      Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark “ALGECO”, or apply for registration of the disputed domain name by the Complainant.<\/p>\n

      Finally, the disputed domain name is offered for sale for 1450 USD. The Complainant contends this general offer to sell the disputed domain name is evidence of the Respondent’s lack of rights or legitimate interest.<\/p>\n

      Thus, in accordance with the foregoing, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain name.<\/p>\n

        \n
      1. The domain name was registered and is being used in bad faith.<\/li>\n<\/ol>\n

        The Complainant contends that the disputed domain name is identical to its distinctive trademark “ALGECO”, registered decades before the registration of the disputed domain name.<\/p>\n

        Besides, the term “ALGECO” has no meaning in English or any language, and a search with the term \"ALGECO\" redirects to the Complainant and its activities. Moreover, the Complainant is the leader in modular construction in Europe.<\/p>\n

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

        Furthermore, the Complainant contends that the Respondent has registered the disputed domain name only in order to sell it back for out-of-pocket costs, which evinces bad faith registration and use.<\/p>\n

        On those facts, the Complainant contends that Respondent has registered the disputed domain name and is using it in bad faith.<\/p>\n

         <\/p>\n

        RESPONDENT:<\/p>\n

        No administratively compliant Response was filed, and therefore no further information is known about the Respondent.<\/p>", "rights": "

        To the satisfaction of the Panel, the Complainant has shown that the disputed domain name is identical or confusingly similar to the trademark 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": [ "Rodolfo Rivas Rea" ], "date_of_panel_decision": "2024-01-15 00:00:00", "informal_english_translation": "

        The Complainant is the owner of many trademarks “ALGECO” such as:<\/p>\n

        The international ALGECO no. 386452 registered on January 27, 1972; and<\/p>\n

        The international ALGECO no. 1099894 registered on October 21, 2011.<\/p>", "decision_domains": { "algeco.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }