{ "case_number": "CAC-UDRP-106729", "time_of_filling": "2024-07-25 09:11:16", "domain_names": [ "nuxe-france.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "LABORATOIRE NUXE" ], "complainant_representative": "Clémence Touillier (ATOUT PI LAPLACE)", "respondent": [ "Store Admin (Nuxe)" ], "respondent_representative": null, "factual_background": "

The Complainant is a French company created in 1964 specializing in the manufacture and trade of cosmetics and personal care products under the trademark “NUXE”, which is also a part of the Complainant’s company name and trade name.<\/p>\n

The Complainant owns numerous domain names incorporating its “NUXE” trademark, including <nuxe.com> (created already in 1998); <nuxe.fr>; <nuxe.eu>; <nuxe.ca>; <nuxe.us>; and <nuxe.cn>.<\/p>\n

The disputed domain name was registered on 3 July 2024. It resolves to a Shopify page with the mention \"THE STORE IS UNAVAILABLE\".<\/p>\n

The Registrar confirmed that the Respondent is the current registrant of the disputed domain name, and that the language of the registration agreement is English.<\/p>\n

The Respondent has not filed a Response.<\/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": "

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>\n

The Complainant made the following contentions:<\/p>\n

A. The disputed domain name is confusingly similar to the Complainant's “NUXE” trademark. It fully incorporates the mark, with the addition of the word \"France\", which does not prevent the likelihood of confusion and actually refers to the Complainant's country of origin.<\/p>\n

B. The Respondent has no rights or legitimate interests in the disputed domain name. The Complainant has not authorized the Respondent to use its trademark.<\/p>\n

C. The disputed domain name was registered and is being used in bad faith. The Respondent must have been aware of the Complainant's well-known trademark when registering the disputed domain name. The use of a privacy service, the creation of MX servers, and the inactive website suggest potential phishing or other fraudulent intentions. In addition, the Respondent provided incorrect contact details and, given the similarities with case CAC-UDRP-106651, there also seems to be a pattern of infringing behaviour.<\/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": [ "Vojtěch Chloupek" ], "date_of_panel_decision": "2024-09-06 00:00:00", "informal_english_translation": "

The Complainant submitted an exhaustive list of its “NUXE” word and logo trademark registrations around the world containing 245 records. The Complainant provided further evidence that it is the registered owner of the following particular trademark registrations:<\/p>\n