{ "case_number": "CAC-UDRP-106940", "time_of_filling": "2024-10-15 09:40:10", "domain_names": [ "telegroom-nuxe.top" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "LABORATOIRE NUXE" ], "complainant_representative": "Clémence Touillier (ATOUT PI LAPLACE)", "respondent": [ "Robert Washington (Robert Washington)" ], "respondent_representative": null, "factual_background": "

Laboratoire Nuxe (hereafter “Nuxe”) 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 (website http:\/\/nuxe.com). <\/span>

Nuxe is the owner of several trademark registrations for this sign NUXE in various countries all around the world. The first application for a trademark comprising NUXE occurred in France in 1994 (under n° 94 518 763).<\/span>

Since 1994, word mark NUXE has been registered all around the world for example, but not limited to, Nuxe is protected as European Union trademark registration n°8 774 531 filed in 2009, international trademark registration n° 1 072 247 filed in 2011 designating approximately 60 countries including USA, Japan, South Korea, Russia. It has also been registered in China, Mexico, Brazil, Argentina and Canada (n° 1 515 150 dated 2011). <\/span>

All these marks are registered at least in classes 3, 5 or 44 for cosmetics and more generally personal care related goods and services as shown on the attached extracts of database from EUIPO, WIPO and Canadian Trademark Office.<\/span><\/p>\n

The disputed domain name <TELEGROOM-NUXE.TOP> was registered on 12 September 2024 by the Respondent (as confirmed by the Registrar).<\/span><\/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 contends that the requirements of the Policy have been met and that the disputed domains names should be transferred to it. The Complainant makes a number of legal arguments and also supplies a set of annexes providing evidence of its activities and of the Respondent's use of the disputed domain name.<\/span><\/p>\n

No administratively compliant Response has been filed by either Respondents. It ought to be indicated that the Centre sent of the complaint but nor the advice of delivery thereof was returned to the Czech Arbitration Court. The notice of the Commencement of the administrative proceeding was therefore only sent by e-mail. Yet, the e-mail notice sent to postmaster@telegroom-nuxe.top was returned back undelivered as the e-mail address had permanent fatal errors. The e-mail notices were also sent to nncciiill77@gmail.com, but the CAC never received any proof of delivery or notification of undelivery. No further e-mail addresses could be found on the disputed sites.<\/p>\n

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The Respondents never accessed the online platform.<\/div>\n<\/div>\n<\/div>\n<\/div>", "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.<\/span><\/p>", "decision": "Accepted", "panelists": [ "David-Irving Tayer" ], "date_of_panel_decision": "2024-11-20 00:00:00", "informal_english_translation": "

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The Complainant has evidenced to be the owner of numerous trademark registrations throughout the world related to its company name and brand NUXE, including but not limited to:<\/p>\n

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  • device mark NUXE, French registration n°94 518 763<\/span> of 2 May1994 duly renewed since<\/li>\n
  • word mark NUXE, United States Patent and Trademark Office (USPTO), registration No.: 4,123,619 of 10 April 2012 duly renewed since;<\/li>\n
  • word mark NUXE, European Union Intellectual Property Office (EUIPO), registration No.: 008774531 of 15 June 2010 duly renewed since<\/li>\n<\/ul>\n

    Claiming inter alia goods and services in classes 3 or 5 or 44.<\/p>\n

    Also, the Complainant has substantiated to own several domain names related to trademark NUXE, inter alia, since 1998 the domain name <nuxe.com> which resolves to the Complainant’s official website at “www.nuxe.com”, promoting the Complainant’s cosmetics and personal care products worldwide. But also domain names <nuxe.fr>, <nuxe.eu>, <nuxe.ca>, <nuxe.us>, <nuxe.cn> and others combining the trademark NUXE with generic terms such as shop, beauty, etc.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>", "decision_domains": { "telegroom-nuxe.top": "TRANSFERRED" }, "panelist": null, "panellists_text": null }