{ "case_number": "CAC-UDRP-106226", "time_of_filling": "2024-02-05 09:43:36", "domain_names": [ "leroymerlinoficial.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "GROUPE ADEO" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Alfredo Julio Rossi" ], "respondent_representative": null, "factual_background": "

The Complainant (GROUPE ADEO) is a French company specializing in the sale of articles covering all sectors of the home, the development of the living environment and DIY, both for individuals and professionals. <\/span>The pioneering company of GROUPE ADEO is LEROY MERLIN, created in 1923. LEROY MERLIN is the leading DIY retailer in the home improvement and living environment market, with 30,000 employees in France.<\/span><\/p>\n

The Complainant is the owner of several trademarks LEROY MERLIN and <\/span>is also the owner of numerous domain names comprising the wording LEROY MERLIN,<\/span><\/span><\/p>\n

The disputed domain name <leroymerlinoficial.com> was registered on January 24, 2024<\/span><\/p>\n

The Complainant states that the disputed domain name <leroymerlinoficial.com> is confusingly similar to its trademark LEROY MERLIN. In particular, in the Complainant's view, the addition of the term \"oficial\" is not sufficient to escape the finding that the domain name is confusingly similar to the trademark LEROY MERLIN. <\/span>

The Complainant states that the Respondent is not affiliated with him nor authorized by him in any way. The Complainant states that the Respondent has no right nor legitimate interest in the disputed domain name and it is not related in any way to its business. The Complainant does not carry out any activity for, nor has any business with the Respondent. The Respondent, according to the Whois database, is not commonly known by <leroymerlinoficial.com> or by other names similar to the disputed domain name.<\/span>

The Complainant also notes that the domain name <leroymerlinoficial.com> resolves to a parking page with commercial links and that, given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with the full knowledge of the Complainant's trademarks. It is the Complainant's view that the Respondent has allowed the disputed domain name to be used with the intent to attract Internet users for commercial gain, by creating a likelihood of confusion with the Complainant's trademark as to the source, affiliation or endorsement of the Respondent's website to which the disputed domain name resolves.<\/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´s contentions are summarized 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": "

According to access list of the online case file, the Respondent has accessed the online case file on March 1, 2024 and reviewed all documents of the file. Nevertheless there was no contact of the Respondent.<\/p>\n

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": "2024-03-04 00:00:00", "informal_english_translation": "

The Complainant is the owner, amongst others, of the following trademark registrations:<\/p>\n

1) International trademark LEROY-MERLIN n° 591251 registered on July 15, 1992, and duly renewed for classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 16, 17, 19, 20, 21, 22, 25, 27, 28, 31 and 37;<\/span><\/p>\n

2) In<\/span>ternational trademark LEROY MERLIN (dev.) n° 701781 registered on August 14, 1998, and duly renewed for classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 31, 35, 36, 37, 38, 39, 40, 41 and 42;<\/span><\/p>\n

3) European Union trademark LEROY MERLIN n°10843597 registered on December 7, 2012, and duly renewed for classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 31, 35, 36, 37, 40, 41, 42 and 44;<\/span><\/p>\n

4) European Union trademark LEROY MERLIN (dev.) n°11008281 registered on October 2, 2013, and duly renewed for classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 31, 35, 36, 37, 40, 41, 42, 44.<\/span><\/p>\n

<\/p>", "decision_domains": { "leroymerlinoficial.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }