{
    "case_number": "CAC-UDRP-107277",
    "time_of_filling": "2025-01-30 09:47:36",
    "domain_names": [
        "agrauxine-lesaffre.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "LESAFFRE ET COMPAGNIE"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "brian  seeman"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant, a family company founded in northern France in 1853 and now a multinational group, is a global player in yeasts and fermentation. The Complainant designs, manufactures and markets innovative solutions for baking, food flavors, healthcare and biotechnology. The Complainant employs 11,000 people in 50 countries, distributes in 180 countries and has a turnover of 3 billion euros. AGRAUXINE BY LESAFFRE is the business unit of the Complainant dealing in bio solutions for plant-based production.<\/p>\n<p>&nbsp;Previous panels in other UDRP procedures have recognized the LESAFFRE trademark as a renowned trademark.<\/p>\n<p><span>The disputed domain name &lt;agrauxine-lesaffre.com&gt; was registered on January 20, 2025, and resolves to a parking page with commercial links. Besides, MX servers are configured.<\/span><\/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>COMPLAINANT:<\/p>\n<p>The disputed domain name is confusingly similar to the Complainant's trademark.<\/p>\n<p>The Complainant contends that the disputed domain name is confusingly similar to its trademark &ldquo;LESAFFRE&rdquo;, and that <span>the addition of the term &ldquo;agrauxine&rdquo; is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark LESAFFRE. On the contrary, the addition of the term &ldquo;agrauxine&rdquo; exacerbates the likelihood of confusion between the disputed domain name and the Complainant&rsquo;s trademark, as it directly refers to the Complainant&rsquo;s business unit.<\/span><\/p>\n<p>The Respondent does not have any rights or legitimate interest in the disputed domain name<\/p>\n<p>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&rsquo;s business in any way. The Complainant does not carry out any activity for, nor has any business dealings with, the Respondent.<\/p>\n<p>The disputed domain name has been registered and is being used in bad faith<\/p>\n<p>The Complainant contends that owing to the distinctiveness of the Complainant&rsquo;s trademark and reputation, it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant's rights in the LESAFFRE trademark. In this regard, the Complainant stresses that the addition of the distinctive term &ldquo;agrauxine&rdquo; to the distinctive trademark LESAFFRE cannot be coincidental as it refers to the Complainant&rsquo;s business unit, which indicates that the Respondent was well aware of the Complainant and its subsidiaries at the time of the registration.<\/p>\n<p>&nbsp;The Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and that it is not possible to conceive of any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate. In this sense, the Complainant quotes previous UDRP decisions affirming that the incorporation of a famous trademark into a domain name, coupled with the redirection to a parking page with commercial links, may be evidence of bad faith registration and use.<\/p>\n<p>The Complainant further contends that given the above circumstances, the fact that the Respondent has hidden its identity and contact information through a privacy service, and the absence of any rights and of legitimate interests of the Respondent, coupled with the absence of a legitimate reason for the latter to hold the disputed domain name, are supportive of a finding of bad faith registration.<\/p>\n<p>The Complainant further points out that the disputed domain name <span>has been set up with MX records which suggests that it may be in active use for email purposes, and that <\/span>previous panellists have found that t<span>his can be indicative of bad faith registration and use because any email emanating from the disputed domain name could not be used for any good-faith purpose.<\/span><\/p>\n<p>The Complainant thus contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n<p>RESPONDENT:<\/p>\n<p>No administratively compliant Response has been filed.<\/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": [
        "Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2025-02-25 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of several &laquo; LESAFFRE &raquo; registered trademarks, including the following:<\/p>\n<p>French trademark LESAFFRE (device) registration No. 3202372 filed on January 2, 2003 and duly renewed;<\/p>\n<p>International trademark LESAFFRE (device) registration No. 1775809 registered on October 12, 2023.<\/p>\n<p>The Complainant is also the owner of several domain names such as &lt; lesaffre.com&gt; was registered on December 19, 1996 and &lt;agrauxine.com&gt; registered on September 7, 2011.<\/p>",
    "decision_domains": {
        "agrauxine-lesaffre.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}