{ "case_number": "CAC-UDRP-107087", "time_of_filling": "2024-11-27 09:46:01", "domain_names": [ "lenuxe.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Laboratoire Nuxe" ], "complainant_representative": "AUDE guillermard (ATOUTPI LAPLACE)", "respondent": [ "my store Admin (my store)" ], "respondent_representative": null, "factual_background": "

FACTS ALLEGED BY YTHE COMPLAINANT AND NOT DISPUTED BY THE RESPONDENT<\/span><\/p>\n

The Complainant, Laboratoire Nuxe (hereafter “Nuxe”) is a French company created in 1964 that specialises in manufacture and trade of cosmetics as well as personal care products and related services sold under trade mark NUXE. It sells cosmetics all around the world and provides spa services in various countries.<\/span>

The name Nuxe is included in the name of the Complainant and all its subsidiaries all around the world.<\/span>

Nuxe 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>, and <n<\/span>uxe.cn>, and<\/span> also domain names comprising the term “nuxe” combined with another term, such as <nuxeshop.com>, <nuxespa.com>, <nuxepartners.com> and <nuxebeauty.co>.   <\/span>It operates a website from at least the domain name <nuve.com>.<\/span>

The Domain Name was registered on 27 October 2024.  It has been used since registration for a website that purports to sell Batana Oil as a hair growth and scalp treatment product under the name \"Lenuxe\".  <\/span><\/p>\n

The Respondent was identified by the Registrar as \"My Store Admin, My Store\".  \"My Store Admin, My Store\" was named as the respondent in Sodexo v. My Store Admin, My Store WIPO Case No. D2024-3831 in respect of the domain name <sodexho-fr.com>. That respondent did not participate in the proceedings and the panelist ordered the transfer of the domain name to the complainant.<\/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 (the \"Domain Name\").<\/p>", "no_response_filed": "

The Complainant contends that the requirements of the Policy have been met and that the Domain Name should be transferred to it. <\/p>\n

No administratively compliant Response has been filed.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the 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 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 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": [ "Matthew Harris" ], "date_of_panel_decision": "2024-12-29 00:00:00", "informal_english_translation": "

The Complainant relies upon a number of registered trade mark that include or incorporate the term \"NUXE\".  They include: <\/span><\/p>\n

(i)   European Union trade mark registration n°8 774 531 in classes 3 and 44, filed on 12 December 2009 and proceeding to registration on 15 June 2010; and<\/span><\/p>\n

(ii)  International trade mark registration n° 1 072 247 in classes 3 and 44 filed on 14 February 2011 and proceeding to registration in over 50 territories.<\/span><\/p>\n

<\/p>", "decision_domains": { "lenuxe.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }