The Complainant, Laboratoire Nuxe, is a French company created in 1964 specialized in manufacture and trade of cosmetics as well as personal care products and related services sold under trademark NUXE.<\/p>\n
The registration of the disputed domain name took place on 20 June 2024. The Respondent\/Registrant’s name\/organisation were anonymized through a privacy protection service. The domain resolved to a shopify page marked with the sign “OPENING SOON”.<\/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 contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n
The Complainant says that NUXE is a highly distinctive trade mark and is a made-up word and a play on and inspired by the terms Nature and Luxury (Luxe in French). It says the disputed domain name, is confusingly similar to this highly distinctive trade mark, and it fully incorporates it and\/or is it. The addition of the two characters “fr” compounds the confusion as the country code for France – just emphasizes the link with the complainant, a French company. The hyphen between NUXE and FR is irrelevant for similarity as is the suffix “.com.” As a consequence, the disputed domain name is confusingly similar to a name and mark in which the Complainant has Rights.<\/p>\n
The Complainant says the Respondent has no legitimate rights or interests in the disputed domain name. The webpage for nuxe-fr.com resolves to a shopify page marked with the sign “OPENING SOON”. This is a step further than passive non-use.<\/p>\n
As to Bad Faith, the Complainant says the disputed domain name was registered to confuse and mislead NUXE’s clients and potential clients, to obtain a financial advantage, mostly likely by using the disputed domain name for phishing purposes and to prevent or block the Complainant from using it and for cybersquatting. The Complainant notes that the MX or messaging servers have been configured with one IP Address. Evidence of this was provided.<\/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": [ "Victoria McEvedy" ], "date_of_panel_decision": "2024-08-08 00:00:00", "informal_english_translation": "
The Complainant has a very extensive international portfolio of registered marks, indeed the spreadsheet in evidence ran to 14 pages. It says its first application for a trademark with the word element NUXE was a Logo Mark registered in France in 1994 as no. 94 518 763. Other French national marks followed and a word mark was registered in 2009 as no.3659865. Since then, the word mark NUXE has been registered all around the world. The Complainant relies for example on the following:<\/p>\n
All of these marks are registered in classes 3 and 44 at least for cosmetics and related goods and services.<\/p>\n
NUXE is a well-known or famous mark and there are findings to that effect by the Commercial Court of Paris, the EUIPO, and others.<\/p>\n
The Complainant is also the owner of several domain names including but not limited to nuxe.com (created in 1998), nuxe.fr, nuxe.eu, nuxe.ca, nuxe.us, nuxe.cn and many others. All resolve to the client’s website at https:\/\/www.nuxe.com\/.<\/p>", "decision_domains": { "nuxe-fr.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }