{ "case_number": "CAC-UDRP-106638", "time_of_filling": "2024-06-24 11:27:10", "domain_names": [ "jcdecauxairp.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "JCDECAUX SE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Ivan Tymoshenko" ], "respondent_representative": null, "factual_background": "

A<\/strong>. Complainant<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Complainant's statements of fact can be summarised as follows:<\/p>\n

In 1964, Jean-Claude Decaux invented the new concept and business model of street furniture with bus shelters financed by advertising, thereby laying the foundations to set up the Complainant's business.<\/p>\n

The Complainant is the world’s leader in outdoor advertising focussed on three segments of industry: street furniture, transport advertising and billboard. It has a presence in more than 80 countries and in 3,918 cities. In 2023, the Complainant generated a revenue of c. €3.6bn.<\/p>\n

In addition to the trade marks mentioned under the above section 'Identification of Rights', and others in its portfolio, the Complainant owns numerous domain names which contain the term 'jcdecaux', most notably: <jcdecaux.com>, which was registered in 1997.  <\/p>\n

B<\/strong>. <\/span>Respondent<\/strong>'<\/span>s Factual Allegations<\/strong><\/p>\n

The Respondent has failed to serve a Response in this UDRP administrative proceeding. Hence, the Complainant’s factual allegations are uncontested.<\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <jcdecauxairp.com> ('the disputed domain name').<\/p>", "no_response_filed": "

A<\/strong>. Complainant<\/strong>'s Submissions<\/strong><\/p>\n

The Complainant's submissions can be summarised as follows:<\/p>\n

A<\/strong>.1<\/strong> <\/span>The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The Complainant submits that the disputed domain name is confusingly similar to the Complainant's trade mark JCDECAUX. The additional term 'airp', which can be read as an abbreviation for the word 'airport', is insufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant's trade mark. The Complainant further submits that the Top Level Domain ('TLD') <.com> does not change the overall impression of affiliation with the Complainant's trade mark.  <\/p>\n

A<\/strong>.2 The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The Complainant submits that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent does not carry out any activity for, or has any business with, the Complainant. The Complainant has not authorised the Respondent to make any use of the Complainant's trade mark, or to apply for registration of the disputed domain name on the Complainant's behalf.<\/p>\n

The Complainant further submits that the Respondent is not known by the disputed domain name. In addition, the disputed domain name resolves to a parked page comprising PPC commercial links, and such use is neither bona fide nor legitimate non-commercial or fair use.<\/p>\n

A<\/strong>.3 The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

 A<\/strong>.3<\/strong>.1<\/strong> Registration<\/strong><\/p>\n

The Complainant submits that the trade mark JCDECAUX was already well-known for decades and protected worldwide at the time of registration of the disputed domain name, including in Ukraine, where the Respondent is located, such that it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trade mark.<\/p>\n

 A.3.2 Use<\/strong><\/p>\n

The Complainant claims that the disputed domain name is not used for any bona fide offerings in so far as the Respondent's website contains PPC links, and that the Respondent has intentionally used the disputed domain name to attract, for commercial gain, Internet users to the Respondent's website by creating a likelihood of confusion with the Complainant as to the source, sponsorship, affiliation, or endorsement of that website (paragraph 4(b)(iv) of the UDRP Policy).<\/p>\n

As additional indicia giving rise to a presumption of bad faith, the Complainant refers to the fact that the MX server has been set up for the disputed domain name, a factor which indicates that the latter may be actively used for fraudulent email purposes.<\/p>\n

The Complainant therefore concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n

B<\/strong>. <\/strong>Respondent<\/strong>'<\/span>s Submissions<\/strong><\/p>\n

The Respondent has failed to serve a Response in this UDRP administrative proceeding. Hence, the Complainant's submissions are uncontested.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP 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": [ "Gustavo Moser" ], "date_of_panel_decision": "2024-07-16 00:00:00", "informal_english_translation": "

The Complainant relies upon the following registered trade marks:<\/p>\n

• <\/span>International trade mark registration no. 803987, registered on 27 November 2001, for the word mark JCDECAUX, in classes 6, 9, 11, 19, 20, 35, 37, 38, 39, 41 and 42 of the Nice Classification; and <\/p>\n

• <\/span>International trade mark registration no. 1152529, registered on 11 October 2012, for the word mark JCDECAUX, in classes 6, 9, 11, 35, 38, 41 and 42 of the Nice Classification.<\/p>\n

(Hereinafter referred to as 'the Complainant's trade mark' or 'the Complainant's trade mark JCDECAUX').<\/p>\n

The disputed domain name was registered on 19 June 2024. At the time of writing of this decision, it resolves to a parked page featuring pay-per-click (PPC) advertisement for goods and services related to the Complainant’s business segment (for present purposes, 'the Respondent's website').<\/p>", "decision_domains": { "jcdecauxairp.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }