{ "case_number": "CAC-UDRP-106669", "time_of_filling": "2024-07-09 08:47:00", "domain_names": [ "nuxestore.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "LABORATOIRE NUXE" ], "complainant_representative": "Clémence Touillier (ATOUT PI LAPLACE)", "respondent": [ "Johnny Gray ( ArtWired, Inc.)" ], "respondent_representative": null, "factual_background": "

The Complainant 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.<\/span><\/p>\n

The Complainant owns several NUXE trademarks, among which, a few were cited above.<\/span><\/p>\n

The denomination Nuxe is also part of the company name and trade name of the Complainant and is included in the name of all its subsidiaries all around the world.<\/span><\/p>\n

In addition, the Complainant owns several domain names under various extensions, such as, <nuxe.com> (created in 1998), which corresponds also to the Complainant’s website https:\/\/www.nuxe.com\/, <nuxe.fr>, <nuxe.eu>, <nuxe.ca>, <nuxe.us>, <nuxe.cn>, <groupenuxe.com>, <nuxeshop.com>, <nuxespa.com>, <nuxepartners.com>, <nuxebeauty.com>.<\/p>\n

The disputed domain name <nuxestore.com> was registered on 18 January 2021 and resolved at the time when the Complaint was filed to a website displaying the disputed domain name for sale.<\/span><\/p>\n

<\/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 the following:

The disputed domain name <nuxestore.com> is confusingly similar to the Complainant's earlier trademark <\/span>NUXE, that the Respondent lacks rights or legitimate interests in the disputed domain name for a number of reasons and that the disputed domain name was registered and is being used in bad faith.<\/span><\/p>\n

Based on the available evidence, the Respondent seems to have contacted the Complainant mentioning to transfer the disputed domain name to him and requesting to the Complainant to unlock the disputed domain name for transfer, requesting also the withdrawal of his UDRP complaint.<\/p>\n

In addition, the Respondent has filed a Response within which he states, among others, that, ArtWired, Inc. is involved in domain investing and that his business of buying and selling domain names is legit. Further he mentions that, an uspto.gov lookup was performed and that they have noticed trademarks for the word \"NUXE\", but not for \"nuxestore\".  He also alleged that, there are other companies than the Complainant that use the word \"Nuxe\", but for different goods and services and also several registered domain names that comprise the word “nuxe”. The Respondent further alleges that, the letters \"Nuxe\" could be an acronym or a brandable word for many goods\/serices such as nuts, jewelry, honey, coffee, soaps, shoes, apparel, toys, etc. The Respondent asked for the transfer of the disputed domain name to the Complainant to be denied.<\/span><\/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": [ "Delia-Mihaela Belciu" ], "date_of_panel_decision": "2024-08-23 00:00:00", "informal_english_translation": "

The Complainant bases its Complaint on several NUXE trademarks, among which: <\/span><\/p>\n