{ "case_number": "CAC-UDRP-106311", "time_of_filling": "2024-03-01 11:55:53", "domain_names": [ "toveax.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "TOUAX SCA – SGTR – CITE – SGT – CMTE – TAF – SLM TOUAGE INVESTISSEMENTS REUNIES" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "roger bergman" ], "respondent_representative": null, "factual_background": "

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

Key aspects of the Complainant’s contentions are summarized below.<\/strong><\/p>\n

Complainant’s Background<\/strong><\/p>\n

For 170 years, the Complainant’s group has developed unique experience in leasing, sales and technical and financial management of sustainable transport equipment to become one of the European leaders.<\/p>\n

Registration of the disputed domain name<\/strong><\/p>\n

According to the Complainant, the disputed domain name <toveax.com> was registered on February 19, 2024.<\/p>\n

First UDRP Element - disputed domain name is Confusingly Similar to the Complainant’s Trademark<\/strong><\/p>\n

The Complainant asserts that the disputed domain name is confusingly similar to its trademark TOUAX , as an obvious misspelling including the replacement of the letter '‘U” with the letters “VE”. This is characteristic of a typosquatting practice intended to create confusing similarity between the Complainant’s trademark and the disputed domain name.<\/p>\n

Furthermore, the Complainant contends that the addition of the gTLD “.COM” does not change the overall impression of the designation as being confusingly similar to the Complainant’s trademark.<\/p>\n

Second UDRP Element – The Respondent has no Rights or Legitimate Interests in the disputed domain name<\/strong><\/p>\n

The Complainant asserts that the Respondent is not known as the disputed domain name.<\/p>\n

Further, the Respondent is not a licensee, authorized agent, or related in any way to the Complainant, nor is authorized in any way to use the Complainant’s trademarks or to register or use the disputed domain name.<\/p>\n

The Complainant also claims that the disputed domain name is a typo-squatted version of the trademark TOUAX, and that typo-squatting can evidence that a respondent lacks rights and legitimate interests in a domain name.<\/p>\n

Lastly, the Complainant claims that the use of the disputed domain name to resolve to a parking page with commercial links should not be considered to be a bona fide offering of goods or services or legitimate non-commercial or fair use.<\/p>\n

Third UDRP Element – The disputed domain name was Registered and is Being Used in Bad Faith<\/strong><\/p>\n

The Complainant asserts that the Respondent registered and uses the disputed domain name in bad faith because it used an email address associated with the disputed domain name to pass itself off as an employee of the Complainant to disrupt the Complainant’s business or for financial gain Additionally, the Complainant asserts that the misspelling of its trademark in the disputed domain name is deliberate and, by design, confusingly similar thereto. Such instances of typo-squatting have been found by previous panels to be evidence of bad faith.<\/p>\n

Lastly, the Complainant contends that the use of disputed domain name to resolve to a parking page with commercial links demonstrates an attempt to use the Complainant’s trademark to attract Internet users to its own website for commercial gain, with such conduct being evidence of bad faith.<\/p>\n

The above summarized facts and arguments asserted by the Complainant are not contested by the Respondent because no Response was filed.<\/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´s contentions are summarised 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": "

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": [ "Claire Kowarsky" ], "date_of_panel_decision": "2024-03-25 00:00:00", "informal_english_translation": "

The Complainant relies on its registered trademark:<\/p>\n\n\n\n\n
\n
Mark<\/p>\n<\/td>\n
\n
Territory<\/p>\n<\/td>\n
\n
Registration No.<\/p>\n<\/td>\n
\n
Application Date<\/p>\n<\/td>\n
\n
Registration Date<\/p>\n<\/td>\n
\n
Classes<\/p>\n<\/td>\n<\/tr>\n
\n
TOUAX (figurative)<\/p>\n
<\/p>\n
<\/p>\n<\/td>\n
\n
WIPO<\/p>\n
Designations: EM, US, CH, MA<\/p>\n
<\/p>\n<\/td>\n
\n
971690<\/p>\n
<\/p>\n<\/td>\n
\n
29\/02\/2008<\/p>\n
<\/p>\n
<\/p>\n<\/td>\n
\n
29\/02\/2008<\/p>\n
<\/p>\n<\/td>\n
\n
6, 12, 19, 36,37, 39, 42, 43<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
Further, the Complainant operates its business using its domain name <toaux.com>, registered since January 24, 1998.<\/p>", "decision_domains": { "toveax.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }