{ "case_number": "CAC-UDRP-107206", "time_of_filling": "2024-12-30 10:47:49", "domain_names": [ "biomnerieux.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ " bioMérieux" ], "complainant_representative": "French and European Trademark & Design Attorney BIRCKER Fabrice (Plasseraud IP)", "respondent": [ "Scott Mike (Naso LLC)" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
<\/span><\/p>\n

The Complainant is bi<\/span>oMérieux (\"Complainant\"), a French multinational biotechnology company listed on the NYSE Euronext Paris Stock exchange. Its products are mainly used for diagnosing infectious diseases. According to the Complainant, bioMérieux has been founded in 1963, serves more than 160 countries, by means of its 43 subsidiaries around the world, and through a large network of distributors. The Complainant informs that its leadership in the field of in vitro diagnostics lasts for over 60 years, with €3.6 billion in sales. <\/span><\/p>\n

BioMérieux is the registered holder of numerous word and figurative \"BIOMERIEUX\" trademarks in many jurisdictions (for more information see section Identification of Rights). In addition, the Complainant <\/span>holds many domain names including <biomerieux.com>.<\/span><\/p>\n

The disputed domain name <biomnerieux.com> was registered on December 18, 2024.

The Complainant states that the disputed domain name <biomnerieux.com> is confusingly similar to its trademark \"BIOMERIEUX\". In particular, in the Complainant's view, the domain name comprises in full the \"BIOMERIEUX\" trademark and the addition of the letter \"n\" in the middle of the sign is not sufficient to escape the finding that the disputed domain name is extremely confusingly similar to the trademark.  
<\/span><\/p>\n

The Complainant contends that the Respondent is not commonly known by the disputed domain name and that the Respondent is not affiliated with or authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and is not related to the Complainant’s business in any way. The Complainant does not carry out any activity for, nor has any business dealings with, the Respondent. <\/span><\/p>\n

The Complainant also notes that the domain name <biomnerieux.com> resolves to a parking page exclusively containing sponsored links and that, given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with the full knowledge of the Complainant's trademarks. <\/span><\/p>\n

Finally, the Complainant informs that the disputed domain name has been used to create email addresses from one of which an email deceitfully impersonating the Complainant was sent in order to fraudulently try to conduct its recipient to believe that it was legitimate coming from the Complainant. In this respect the Complainant notes that said email sent by the Respondent was sent in a chain of messages which genuinely originate from exchanges between the Complainant and its supplier, that said fraudulent message is signed under the name of an employee genuinely working for the Complainant and, finally, that the fraudulent message was sent to the Complainant's supplier exactly on the day the disputed domain name has been registered. This, according to the Complainant, is also indicative of bad faith registration and use.<\/p>\n

 <\/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 contentions are summarised above.<\/p>\n

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": [ "Guido Maffei" ], "date_of_panel_decision": "2025-02-03 00:00:00", "informal_english_translation": "

The Complainant bi<\/span>oMérieux owns different trademarks consisting of the word \"BIOMERIEUX\". In particular the Complainant has fully proved to be the owner of the following signs:<\/span><\/p>\n

International trademark \"BIOMERIEUX\" (word) registration No.933598, registered on June 12, 2007 and duly renewed;<\/p>\n

International trademark \"BIOMERIEUX\" (word) registration No.1392389, registered on October 25, 2017;<\/p>\n

International trademark \"BIOMERIEUX\" (device) registration No. 1478156, registered on June 4, 2018;<\/p>\n

European trademark \"BIOMERIEUX\" (device) registration No. 17912668, registered on October 20, 2018;<\/p>\n

French trademark \"BIOMERIEUX\" (device) registration No. 4416795, registered on April 27, 2018.<\/p>\n

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