{ "case_number": "CAC-UDRP-106914", "time_of_filling": "2024-10-02 17:45:35", "domain_names": [ "schneiderelectricrepairs.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "SCHNEIDER ELECTRIC SE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Ruth Khainga" ], "respondent_representative": null, "factual_background": "

The Complainant, founded in 1871, is a French industrial company operating internationally. It manufactures and provides products for power management, automation, and related solutions. The Complainant is listed on the NYSE Euronext and the French CAC 40 stock market index. In 2023, the Complainant’s revenues reached 36 billion euros. It also offers comprehensive industrial repair services and solutions for equipment from any major manufacturer on its website. <\/p>\n

The disputed domain name was registered on December 19, 2023, and redirects to the Complainant’s official website. The disputed domain name has also been set up with MX records.<\/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": "

COMPLAINANT:<\/p>\n

(i) The Complainant has rights in the SCHNEIDER ELECTRIC mark, as identified in the section “Identification of Rights” above. The disputed domain name is confusingly similar to the Complainant's SCHNEIDER ELECTRIC mark because it incorporates the Complainant’s mark in full, adding only the descriptive term “repairs” (a business descriptor of the Complainant) and the “.com” generic top-level domain (gTLD). <\/p>\n

(ii) The Respondent has no rights or legitimate interests in the disputed domain name. The Respondent is not commonly known by the disputed domain name, nor has the Complainant authorized or licensed the Respondent to use its SCHNEIDER ELECTRIC mark in the domain name. The Respondent does not use the domain name in connection with any bona fide<\/em> offering of goods or services, nor for a legitimate non-commercial or fair use. The disputed domain name redirected to the homepage of the Complainant’s official website, in a clear attempt to mislead consumers into mistakenly believing that the domain is associated with the Complainant and its services. <\/p>\n

(iii) The Respondent has registered and is using the disputed domain name in bad faith. The disputed domain name is confusingly similar to the Complainant’s well-known trademark SCHNEIDER ELECTRIC. The Respondent registered and used the domain name with actual knowledge of the Complainant's rights in the SCHNEIDER ELECTRIC mark. The Respondent’s attempt to impersonate and pass itself off as the Complainant by resolving the domain name to the Complainant’s official website provides strong evidence of bad faith use and registration. The disputed domain name has also been set up with MX records, suggesting potential active use for email purposes.<\/p>\n

RESPONDENT:
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": [ "Mr. Ho-Hyun Nahm Esq." ], "date_of_panel_decision": "2024-10-26 00:00:00", "informal_english_translation": "

The Complainant is the owner of the trademarks “SCHNEIDER ELECTRIC” and “SCHNEIDER ELECTRIC with a device”: <\/p>\n

International trademark Reg. No. 715395 registered on March 15, 1999;<\/p>\n

International trademark Reg. No. 715396 registered on March 15, 1999; and<\/p>\n

EUIPO trademark Reg. No. 1103803 registered on March 12, 1999.<\/p>", "decision_domains": { "schneiderelectricrepairs.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }