The Complainant SANEF is a major actor in the field of motorway management. Whereas the second Complainant SOCIETE DES AUTOROUTES PARIS NORMANDIE (S.A.P.N.) which is also active in motorway sector is a company under the control of the first Complainant SANEF.<\/p>\n
On December 6, 2022; the Respondent registered the disputed domain name <sanef-sapn.com>. The disputed domain name is currently inactive.<\/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 disputed domain name is confusingly similar to the Complainants’ well-known and distinctive trademarks “SANEF” and “SAPN” as it bears both of the Complainants’ trademarks “SANEF” and “SAPN” as a whole with the addition of hyphen in between the marks.<\/p>\n
The Complainants stated that the hyphen and the top level “.com” are not distinctive and the disputed domain name is confusingly similar to the Complainants’ trademarks.<\/p>\n
The Complainants state that the Respondent has no rights on the disputed domain name as the Respondent is not known as the disputed domain name and as the Respondent does not hold any trademark neither for “SANEF” nor for “SAPN”.<\/p>\n
The Complainants also state that the Respondent is neither affiliated nor authorized by the Complainants in any way.<\/p>\n
The Complainants argue that the Respondent is not using the disputed domain name in connection with bona fide offering of goods or services or a legitimate non-commercial or fair use.<\/p>\n
The Complainants indicate that the Respondent intentionally used “SANEF” and “SAPN” trademarks to attract the Complainants’ clientele in bad faith.<\/p>\n
The Complainant argues that “SANEF” and “SAPN” trademarks consist of distinctive words and the Respondent could not ignore the existence of the well-known “SANEF” and “SAPN” trademarks belonging to the Complainants.<\/p>\n
The Complainant asserts that considering the well-known status of the Complainants’ trademarks, the Respondent knew about the Complainants and their rights before the registration of the disputed domain name. Accordingly, the disputed domain name was registered and is being used in bad faith.<\/p>\n
The Complainants state that the disputed domain name is not being used for any bona fide offering and this fact, not being used of the disputed domain name, alone is sufficient to prove the bad faith of the Respondent according to many WIPO UDRP decisions.<\/p>\n
The Complainants allege that the disputed domain name has not been using by the Respondent and the passive holding of the disputed domain name demonstrates the bad faith of the Respondent.<\/p>\n
Accordingly, the Complainants allege that the disputed domain name was registered and is being used in bad faith.<\/p>\n
RESPONDENT:<\/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": [ "Mrs Selma Ünlü" ], "date_of_panel_decision": "2024-03-04 00:00:00", "informal_english_translation": "
The Complainant SANEF has submitted evidence, which the Panel accepts, showing that it is the registered owner of the following:<\/p>\n
- the French trademark SANEF (registration n°93478220) dated July 28, 1993;<\/p>\n
- the French trademark SANEF (registration n°4712040) dated April 9, 2021; and<\/p>\n
- the European Union trademark SANEF (registration n°008310831) dated April 17, 2009.<\/p>\n
Moreover, the Complainant SANEF is also the owner of the domain names bearing the sign “SANEF” such as the domain names <groupe.sanef.com>, <autoroutes.sanef.com>.<\/p>\n
The second Complainant SOCIETE DES AUTOROUTES PARIS NORMANDIE (S.A.P.N.) has submitted evidence, which the Panel accepts, showing that it is the registered owner of the following:<\/p>\n
- the French trademark SAPN (registration n°3646712) dated April 27, 2009;<\/p>\n
- the French trademark E.SAPN (registration n°4495909) dated October 30, 2018; and<\/p>\n
- the French trademark SAPN PAY (registration n°4504229) dated November 29, 2018.<\/p>", "decision_domains": { "sanef-sapn.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }