{ "case_number": "CAC-UDRP-107212", "time_of_filling": "2025-01-02 09:45:22", "domain_names": [ "sanefpeage.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "SANEF" ], "complainant_representative": "Lucie PREVOST (Cabinet Vidon, Marques & Juridique PI)", "respondent": [ "Host Master (Njalla Okta LLC)" ], "respondent_representative": null, "factual_background": "

The Complainant was created in 1963. It is a major actor in the field of motorway management. Its name is the acronym of “Société des Autoroutes du Nord et de l'Est de la France”. It is known as “SANEF” by the public.<\/p>\n

The Complainant owns various trademarks registrations for SANEF, that predate the registration of the disputed domain name. The SANEF mark is affixed to signs on French motorways and is highly visible to users of French motorways.<\/p>\n

The disputed domain name was registered on 5 December 2024.<\/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. <\/p>\n

The Complainant asserts that <\/em>the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights. It reproduces the Complainant's trademark SANEF plus the word “peage”, which describes the Complainant's sector of activity.<\/p>\n

The Complainant asserts that the Respondent has no rights or legitimate interests in the disputed domain name and states:<\/p>\n

    \n
  1. the Complainant has trademark rights for SANEF since 2009;<\/li>\n
  2. the Respondent has no authorisation to use the mark, SANEF, nor register a domain name including its trademark;<\/li>\n
  3. the Respondent is making no legitimate use of the disputed domain name, which resolves to an active website that features the Complainant’s mark, reproduces the Complainant website's look and feel, and purports to check whether a user has outstanding motorway tolls;<\/li>\n
  4. the website will mislead the Complainant's customers into believing that they are accessing the Complainant’s website, which cannot be considered a bona fide offering of services or a fair use;<\/li>\n
  5. the Respondent chose to hide its identity, indicating a bad faith registration;<\/li>\n
  6. a Google search with the key words Host Master \/ Njalla Okta LLC leads to no result in relation to the contested domain name's root <SANEFPEAGE>; and<\/li>\n
  7. CAC-UDRP Case No.107045, SANEF v Host Master (Njalla Okta LLC) acknowledges the lack of legitimate interested of this Respondent.<\/li>\n<\/ol>\n

    The Complainant asserts that the disputed domain name was registered and is being used in bad faith and states:<\/p>\n

      \n
    1. the Respondent chose a domain name that is confusingly similar to the Complainant’s trademarks;<\/li>\n
    2. the disputed domain name incorporates the Complainant's name and trademark, SANEF, plus a generic word descriptive of the Complainant’s activity;<\/li>\n
    3. the Complainant’s trademarks were known, or at least should have been known to the Respondent, see WIPO, Case No. D2022-4169, SANEF v SANEF ALBERTIS in relation to the domain name <groupe-sanef.com>;<\/li>\n
    4. the Respondent merely registered the disputed domain name to prevent the Complainant registering as a domain name its trademark plus the most common used term “peage” and extension “.com”.;<\/li>\n
    5. the website associated with the disputed domain name closely resembles the Complainant’s legitimate platform for payment for motorways and will mislead the Complainant's customers into believing that they are accessing the Complainant’s website;<\/li>\n
    6. it is very likely that the Respondent also is responsible for the sending of courier, letters requesting people to log into the contested domain name website to pay a toll corresponding to a journey that has not been paid, giving information enabling this journey to be paid, and stating that failure to do so would result in surcharges being levied; and<\/li>\n
    7. the website found at the disputed domain name is being used for phishing or spoofing scams by appearing to be a legitimate website operated, maintained, and monitored by the Complainan<\/li>\n<\/ol>\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": [ "Veronica Bailey" ], "date_of_panel_decision": "2025-02-06 00:00:00", "informal_english_translation": "

      The Complainant owns the following trademark registrations for SANEF:<\/p>\n

        \n
      • French trademark number 4712040, registered on 14 December 2020 in classes 09, 16, 25, 35, 36, 37, 38, 39, 41, 42, 43, 44 and 45; and<\/li>\n
      • European Union trademark number 008310831, registered 27 January 2010 in classes 09, 16, 25, 35, 36, 37, 38, 39, 41, 42, 43, 44, and 45.<\/li>\n<\/ul>", "decision_domains": { "sanefpeage.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }