The Complainant is a skincare company founded in France that has established itself as one of the top ten operators of independent beauty companies worldwide thanks to its three brands Bioderma, Institut Esthederm and Etat Pur. The Complainant employs around 3,100 employees located in 130 countries. The Complainant runs 48 subsidiaries and recorded a turnover of 537 million euros in 2020.<\/p>\n
<\/p>\n
The Complainant uses the trademark ”BIODERMA” for its products. The operated, inter alia, the domain name \"bioderma.com\" since 1997.<\/p>\n
<\/p>\n
The disputed domain name was registered in the name of the Respondent on 04\/09\/2024 and redirects to a website displaying the Complainant’s trademark and offering unauthorized or counterfeited BIODERMA goods at discounted prices.<\/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 states that the disputed domain name is confusingly similar to its trademark “BIODERMA“ and its domain names associated because it includes the trademark entirely. The addition of the prefix \"loja'', meaning “store” in Portuguese, does not preclude similarity.<\/p>\n
The Complainant claims that the Respondent has no rights or legitimate interests in respect of the disputed domain name since the Respondent is using the domain name for a website displaying the Complainant’s trademark and offering unauthorized or counterfeited BIODERMA goods at discounted prices. <\/p>\n
Furthermore, the disputed domain name has been registered and is being used in bad faith. The domain name contains the well-known trademark “BIODERMA” and points to an online store that displays the Complainant’s trademark and offers the Complainant’s branded products, which indicates that the Respondent is aware of the Complainant’s company and their trademarks. <\/span>The Complainant states that the Respondent uses the domain name to attract Internet users to its website for commercial gain by creating a likelihood of confusion with the Complainant’s trademark.<\/p>\n The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. 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": [
"Dominik Eickemeier"
],
"date_of_panel_decision": "2024-10-08 00:00:00",
"informal_english_translation": " The Complainant owns a number of trademarks, inter alia the following trademark registrations:<\/p>\n <\/p>\n International trademark “BIODERMA“, No. 267207 registered 19\/03\/1963;<\/p>\n International trademark “BIODERMA“, No. 510524 registered on 09\/03\/1987;<\/p>\n International trademark “BIODERMA“, No. 678846 registered on 13\/08\/1997.<\/p>\n <\/p>\n Furthermore, the Complainant owns multiple domain names that include the wording “BIODERMA”.<\/p>",
"decision_domains": {
"lojabioderma.store": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
No administratively compliant Response has been filed.<\/p>",
"rights": "