The Complainant, Laboratoire Nuxe, is a French company created in 1964 and specialised in the manufacture and trade of cosmetics as well as personal care products and related services sold under trade mark NUXE. The Complainant also provides spa services in various countries. The Complainant is active globally and presented in nearly 60 countries around the world. The NUXE brand is well known and enjoys reputation in the cosmetics industry, as confirmed by a number of administrative and judicial decisions. The Complainant’s products include Huile Prodigieuse, Huile Prodigieuse Or, and Nuxe Sun. 30 years after its creation, Huile Prodigieuse is still the best-selling oil in pharmacies in France (both in value and volume) and it is the most popular beauty dry oil in seven countries.<\/p>\n
The disputed domain name <nuxee.com> was registered on 29 April 2014 and resolves to a parking page with commercial links, including to cosmetics products of other brands not associated with the Complainant.<\/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": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/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 trade mark 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": [ "Gregor Kleinknecht LLM MCIArb" ], "date_of_panel_decision": "2024-01-25 00:00:00", "informal_english_translation": "
The Complainant owns a large portfolio of trade marks consisting of the name NUXE, including French national trade mark NUXE, registration number 94518763, first registered on 2 Mai 1994 in international classes 3, 5 and 25; European Union trade mark NUXE, registration number 8774531, first registered on 22 December 2009 in international classes 3 and 44; and international trade mark NUXE, registration number 1072247, first registered on 14 February 2011 in international classes 3 and 44. The Complainant’s trade mark registrations predate the registration of the disputed domain name.<\/p>\n
Furthermore, the Complainant also owns numerous domain names which consist of and incorporate the name NUXE, including <nuxe.com>, registered on 27 February 1998; and <nuxe.fr>, registered on 25 June 2008, which are connected to the Complainant's official website through which it informs Internet users and customers about its products and services.<\/p>", "decision_domains": { "nuxee.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }