{
    "case_number": "CAC-UDRP-107382",
    "time_of_filling": "2025-03-07 09:53:45",
    "domain_names": [
        "arkema-nl.com",
        "arkema-nederland.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "ARKEMA FRANCE"
    ],
    "complainant_representative": "Franck Caso (IN CONCRETO)",
    "respondent": [
        "Renji Kuruvilla ( web Company)",
        "Web  Master"
    ],
    "respondent_representative": null,
    "factual_background": "<p>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n<div>\n<p>The Complainant states that it is a French company which is using ARKEMA as business name and distinctive sign since the early '00s, offering a wide range of products such as paints, adhesives, coats, glue and fiber at national and international level; the Complainant is present in 55 countries through the world for a global amount of 151 productions plants, with over 21.100 employees and approximatively &euro; 9.5 billion sales.<\/p>\n<p>The Complainant further states that it is the owner of the trademark &ldquo;ARKEMA&rdquo; since 2004 and of the domain name &lt;arkema.com&gt; since 2001.<\/p>\n<p>The disputed domain names &lt;arkema-nl.com&gt; and &lt;arkema-nederland.com&gt; were registered on January 14, 2025 and July 1, 2024 respectively; &lt;arkema-nl.com&gt; has been used in connection with a fraudulent email scheme, while &lt;arkema-nederland.com&gt; seems to be connected with other domain names registered in bad faith by the Respondent and transferred to the Complainant following UDRP complaints.<\/p>\n<\/div>",
    "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 names.<\/p>",
    "no_response_filed": "<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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>\n<div>\n<p>Preliminary Issue - Consolidation: Multiple disputed domain names<\/p>\n<p>&nbsp;Paragraph 3(c) of the Rules states that a complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.<\/p>\n<p>&nbsp;In this respect, the Panel notes that the disputed domain names have:<\/p>\n<p>&nbsp;<\/p>\n<p>1) the very same structure (reproduction of Complainant trademark ARKEMA without any alteration + hyphen + geographical term referring to the Netherlands + the identical extension .com);<\/p>\n<p>&nbsp;2) almost identical Registrant names (WEB COMPANY \/ WEB MASTER) and Registrant e-mails (scmserver85@gmail.com \/ scmwebnet@gmail.com);<\/p>\n<p>3) a US Registrar;<\/p>\n<p>It should be noted that the Registrant for &lt;arkema-nl.com&gt; is Renji Kuruvilla, the same person that originally registered and fraudulently used other domain names recognized as a violation of the Complainant's rights in past UDRP complaint (&lt;arkema-bv.com&gt; and &lt;arkemagroup-eu.com&gt;), while on &lt;arkema-nederland.com&gt; a messaging server is created with IP addresses that are identical to the ones that were configured with the two previous domain names &lt;arkema-bv.com&gt; and &lt;arkemagroup-eu.com&gt;.<\/p>\n<p>The Respondent has not replied to the Complaint.<\/p>\n<p>The Panel sees no reason why consolidation of the disputed domain names would be unfair or inequitable to any Party, and resolves the case against the Respondent with regard to both disputed domain names.<\/p>\n<\/div>",
    "decision": "Accepted",
    "panelists": [
        "Tommaso La Scala"
    ],
    "date_of_panel_decision": "2025-04-14 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of several international trademark registrations for the wording &ldquo;ARKEMA&rdquo;, including:<\/p>\n<ul>\n<li>The International registration ARKEMA N&deg; 847865 filed on November 30, 2004 in classes 1, 2, 3, 4, 5, 16, 17, 37, 38, 39, 40, 41, 42 and 45, covering a wide range of Countries;&nbsp;<\/li>\n<li>The EUTM registration ARKEMA N&deg;004181731 filed on December 8, 2004 in classes 1, 2, 3, 4, 5, 7, 9, 11, 12, 16, 17, 19, 20, 22, 25, 27, 35, 36, 37, 38, 40, 41, 42.<\/li>\n<li>The US registration ARKEMA N&deg;3082057 filed on December 16, 2004 in classes 1, 2, 3, 4, 5, 16, 17, 41, 42, 45.<\/li>\n<\/ul>\n<p>The Complainant also owns the domain name &lt;arkema.com&gt;, registered on May 21, 2001.<\/p>",
    "decision_domains": {
        "arkema-nl.com": "TRANSFERRED",
        "arkema-nederland.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}