{ "case_number": "CAC-UDRP-106984", "time_of_filling": "2024-10-24 09:48:09", "domain_names": [ "nuxefr.top" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "LABORATOIRE NUXE" ], "complainant_representative": "Clémence Touillier (ATOUT PI LAPLACE)", "respondent": [ "Kathleen Perkins" ], "respondent_representative": null, "factual_background": "

The Complainant 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. Apart from being the registered proprietor of the above trademarks, the word Nuxe is also part of the Company name and trade name of the Complainant and included in the name of all its subsidiaries all around the world. The Complainant is also the owner of several domain names under various extensions, such as, but not limited to <nuxe.com> (created in 1998), <nuxe.fr>, <nuxe.eu>, <nuxe.ca>, <nuxe.us>, <nuxe.cn>, <groupenuxe.com>, <nuxeshop.com>, <nuxespa.com>, <nuxepartners.com> and <nuxebeauty.com>, some of them consisting of NUXE and others of a combination of the word NUXE and a generic term.<\/p>\n

 The disputed domain name <nuxefr.top> was registered on 13 October 2024.<\/p>\n

The Respondent's names\/organisations were anonymized through a privacy protection service. The only available information is that Registrant is located in Arizona, USA. <\/p>\n

The disputed domain name was reported on 21 October 2024, to the Registrar Namesilo for reasons of abuse by the Complainant’s representatives. On the same date, the report was accepted and the Registrar confirmed that it has suspended the disputed domain name.<\/p>\n

 Finally, the disputed domain name <NUXEFR.TOP> appears to be registered by the same person or related persons as the registrants of the domain names <nuxe-fr.top> and <nuxe-sale.top>, also subject of UDRP proceedings before the Czech Arbitration Court (CAC-UDRP-106900).<\/p>\n

 The arguments in favour of this assumption are the striking similarities of the structures of the domain names and the fact that the websites for the domain names <nuxe-fr.top> and <nuxe-sale.top> were, before their suspensions, the exact same ones as that for the disputed domain name <nuxefr.top>.<\/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 domain name should be transferred to it.
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": [ "Udo Pfleghar B.A. (Melb.)" ], "date_of_panel_decision": "2024-11-27 00:00:00", "informal_english_translation": "

The Complainant is the proprietor of a number of trademarks comprising NUXE and first registered in France in 1994 under registration n° 94 518 763.<\/p>\n

Since then, the word mark NUXE has been registered all around the world and for example, as:<\/p>\n