{
    "case_number": "CAC-UDRP-107049",
    "time_of_filling": "2024-11-26 10:22:12",
    "domain_names": [
        "jobs-arkema.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ARKEMA FRANCE"
    ],
    "complainant_representative": "Franck CASO (IN CONCRETO)",
    "respondent": [
        "Matthew Baker (Matthew Baker)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant produces a wide range of products for paints, adhesives, coats, glue, fiber, resins, rough materials and finished materials for industrial and consumer goods. It is present in 55 countries, has 151 productions plants and over 21 100 employees, and its annual turnover is about EUR 9.5 billion.<\/p>\n<p>The Complainant and its subsidiaries have registered the domain names &lt;arkema.com&gt;, registered on 21 May 2001, &lt;arkema.info&gt;, registered on 12 July 2004, &lt;arkema.eu&gt;, registered on 29 April 2006, &lt;arkema.fr&gt;, registered on 22 March 2006, and &lt;arkema.us&gt;, registered on 20 March 2006. These domain names are used to promote the Complainant&rsquo;s activities and products.<\/p>\n<p>The disputed domain name was registered on 29 October 2024. It resolves to a blank webpage with a notice that the website is under construction and has mail exchange (&ldquo;MX&rdquo;) records enabled.<\/p>",
    "other_legal_proceedings": "<p>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": "<p><strong>COMPLAINANT<\/strong><\/p>\n<p>The Complainant states that the disputed domain name is confusingly similar to its ARKEMA trademark, because it reproduces the trademark in its entirety with the addition of the dictionary word &ldquo;jobs&rdquo; which does not avoid the risk of confusion but creates an appearance that the disputed domain name is designed specifically for jobs opportunities within the Complainant&rsquo;s company.<\/p>\n<p>According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it has not been licensed to use the Complainant&rsquo;s ARKEMA trademark or to reserve or use a domain name incorporating the same trademark.<\/p>\n<p>The Complainant maintains that the Respondent is using the disputed domain name for sending fake e-mails through a fraudulent e-mail address at the disputed domain name. In these emails, the Respondent pretends to be the &ldquo;Manager Human Resource [sic]&rdquo; of the company &ldquo;ARKEMA GLOBAL&rdquo;. The Complainant submits that this identification of the email sender is fraudulent and that the Respondent engages in scam, phishing and impersonation activities in an attempt to take advantage of the Complainant&rsquo;s rights.<\/p>\n<p>The Complainant contends that the disputed domain name was registered and is being used in bad faith. According to it, ARKEMA is not a descriptive term or a commonly used expression, but has a distinctive character, and it is unlikely that the Respondent has chosen the disputed domain name without any knowledge of the company name, domain names or the trademark of the Complainant.<\/p>\n<p>The Complainant points out that the disputed domain name has been used to create messaging servers with various IP addresses as well as an e-mail address based on the disputed domain name that has been used to send e-mails to third parties with fake job offers in the Complainant&rsquo;s company which request their random recipients to send their personal and bank information. The Complainant maintains that this practice may adversely impact the image of the Complainant in the eyes of Internet users.<\/p>\n<p>&nbsp;&nbsp;<\/p>\n<p>RESPONDENT:<\/p>\n<p>The Respondent did not submit a Response in this proceeding.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2025-01-05 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the following trademark registrations for the sign &ldquo;ARKEMA&rdquo; (the &ldquo;ARKEMA trademark&rdquo;).<\/p>\n<p>&minus; the International trademark ARKEMA with registration No. 847865, registered on 30 November 2004 for goods and services in International Classes 1, 2, 3, 4, 5, 16, 17, 37, 38, 39, 40, 41, 42 and 45;<\/p>\n<p>&minus; the European Union trademark ARKEMA with registration No. 004181731, registered on 9 February 2006 for goods and services in International Classes 1, 2, 3, 4, 5, 7, 9, 11, 12, 16, 17, 19, 20, 22, 25, 27, 35, 36, 37, 38, 40, 41 and 42; and<\/p>\n<p>&minus; the United States trademark ARKEMA with registration No. 3082057, registered on 18 April 2006 for goods and services in International Classes 1, 2, 3, 4, 5, 16, 17, 41, 42 and 45.<\/p>",
    "decision_domains": {
        "jobs-arkema.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}