{
    "case_number": "CAC-UDRP-106760",
    "time_of_filling": "2024-07-30 19:25:37",
    "domain_names": [
        "biomerlieux.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "bioMérieux"
    ],
    "complainant_representative": "French and European Trademark & Design Attorney BIRCKER Fabrice (Plasseraud IP)",
    "respondent": [
        "Webbing Susan "
    ],
    "respondent_representative": null,
    "factual_background": "<p><strong>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/strong><\/p>\n<p>The Complainant is a French multinational biotechnology company. The products of the Complainant are used for diagnostic solutions for infectious diseases, detection of microorganism in agri-food, pharmaceutical and cosmetic products. The Complainant claims to be present in 160 countries through 43 subsidiaries and a large network of distributors. In addition, the Complainant states to have been the leader in the field of in vitro diagnostics for over 60 years.<\/p>\n<p>The Complainant states to be the owner of several trademarks comprising the word &ldquo;BIOMERIEUX&rdquo;. The Complainant submitted evidence that it is indeed the owner of such international, European, and national trademarks. These trademarks are listed above and referred to in this decision as the &ldquo;Trademarks&rdquo;. The Complainant has referred to several decisions of previous UDPR panels in which the well-known character of the Trademarks has been acknowledged.<\/p>\n<p>Further, the Complainant claims to be the owner (direct or through subsidiaries) of several domain names including the term &ldquo;biom&eacute;rieux&rdquo;. The Complainant has submitted evidence that it is the owner of, amongst other, the following domain names: &lt;biomerieux.com&gt;, &lt;biomerieux.net&gt;, &lt;biomerieux.org&gt;, &lt;biomerieuxusa.com&gt; and &lt;biomerieuxkorea.com&gt;.<\/p>\n<p>The disputed domain name &lt;biomerlieux.com&gt; was registered on July 25, 2024.<\/p>",
    "other_legal_proceedings": "<p>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": "<p><b>No administratively compliant Response has been filed.<\/b>&nbsp;<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Bart Van Besien"
    ],
    "date_of_panel_decision": "2024-08-28 00:00:00",
    "informal_english_translation": "<p>The Complainant submitted evidence that it is the owner of the following trademarks:<\/p>\n<ul>\n<li>International trademark &ldquo;<strong>BIOMERIEUX&rdquo;<\/strong> (wordmark), registration nr. 933598, registered on June 12, 2007, in classes 1, 5, 9 and 10;<\/li>\n<li>International trademark &ldquo;<strong>BIOMERIEUX<\/strong>&rdquo; (wordmark), registration nr. 1392389, registered on October 25, 2017, in classes 35, 37, 41, 42 and 44;<\/li>\n<li>International trademark &ldquo;<strong>BIOMERIEUX<\/strong>&rdquo; (combined mark), registration nr. 1478156, registered on June 4, 2018, in classes 1, 5, 9, 10, 35, 37, 41, 42, 44;<\/li>\n<li>EU trademark &ldquo;<strong>BIOMERIEUX<\/strong>&rdquo; (combined mark), registration nr. 017912668, registered on October 20, 2018, in classes 1, 5, 9, 10, 35, 37, 41, 42 and 44;<\/li>\n<li>French trademark &ldquo;BIOMERIEUX&rdquo; (combined mark), registration nr. 4416795, registered on April 27, 2018, in classes 1, 5, 9, 10, 35, 37, 41, 42 and 44.<\/li>\n<\/ul>\n<p>These trademarks are hereafter referred to as the &ldquo;<strong>Trademarks<\/strong>&rdquo;.<\/p>",
    "decision_domains": {
        "biomerlieux.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}