The Complainant is a Belgian multinational chemical company founded in 1863 and headquartered in Brussels, Belgium. In 2022, it realized a turnover of 13.4 billion euros. With 99 sites around the world, Complainant employs 22,000 people in 61 countries. The Complainant's official website is available online at \"solvay.com\".<\/p>\n
The disputed domain name was registered on October 2, 2023 and is used in connection with a website of a certain company \"Solvay Medical LLC\" which, according to provided annex, offers a range of products covering the fields of \"Cardiology\", \"IVF (In Vitro Fertilization)\", \"Laboratory\", \"ICU (Intensive Care Unit)\", \"Operating Theater\" and \"Medical Consumables\".<\/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 Complainant claims that the disputed domain name is confusingly similar to the well-known Trademark that has been in use for more than 160 years. It argues that “SOLVAY” is not a generic term, whereas the additional term “MEDICALS” is.<\/p>\n
Further, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent is a software engineering and creative design company that has no business in medical equipment as described on the website linked to the disputed domain name. The Complainant further alleges that the products and services presented on the website available at the disputed domain name “are all inaccurately represented”, that there is no trademark registration for “solvay medical”, and that the Respondent has created “a counterfeit website with a confusingly similar title an logo to the famours SOLVAY trademark”. The Complainant concludes that the inaccurate products and services “indicate that the company\/website is not in connection with a bona fide offering of goods or services, whereby it is highlighting the Respondent has well acknowledge of the Complainant” and that the Respondent “has been trying to create the illusion of his actively using of the domain name”. The Complainant further alleges that the third-party logos contained on the Respondent's website are used without the consent of their respective owners.<\/p>\n
Finally, the Complainant alleges that the disputed domain name was registered and has been used in bad faith. In this regard, the Complainant contends that the Respondent is not a licensee of the Complainant and has not been authorized by the Complainant to make any use of its “solvay” trademarks, that bad faith is evidenced by the fact that the Respondent has registered the disputed domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, that the “Respondent cannot conceivably claim that he is commonly known by the name “solvay”, in accordance with paragraph 4(c)(ii) of the Policy, given the Complainant's notoriety and the fact that the trademarks “solvay” are exclusively associated with the Complainant”. The Complainant further states that the Respondent registered the disputed domain name “seeking to capitalize on the good will of Complainant's pre-existing SOLVAY mark, and recognizing the importance of the Internet as a means of communication between Complainant and the public”, and that the disputed domain name “redirected to a website which tittle is highly similar to the Complainant official website and its loge.”<\/p>\n
RESPONDENT:<\/p>\n
No administratively complaint 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, not 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, not 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": "Rejected", "panelists": [ "Peter Müller" ], "date_of_panel_decision": "2024-03-04 00:00:00", "informal_english_translation": "
The Complainant is the owner of numerous trademark registrations containing the word “SOLVAY” in many jurisdictions, covering a wide range of goods and services in Classes 1, 5, 9, 17, 23, 35, 36, 37, 40, and 42. In the United Arab Emirates, where the Respondent is located, the Complainant owns rights in the trademark SOLVAY through trademark registration No. 187972, which was registered on July 22, 2015 in connection with goods in Class 17 (hereinafter referred to as the “Trademark”). The Panel is unable to fully understand the contents of the extract from the register (Provided in Annex ), which is partly in Arabic. However, it is apparent that the trademark was registered in Class 17 of the Nice Agreement only, which mainly covers “Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal”.<\/p>", "decision_domains": { "solvaymedicals.com": "REJECTED" }, "panelist": null, "panellists_text": null }