The Complainant is a prominent French company engaged in a diversified range of activities in construction and the upkeep and maintenance of transport infrastructure. One of its subsidiary companies is AXIMUM which specializes in safety and traffic management and which operates throughout Europe.<\/p>\n
As well as its registered trademarks referred to above, the Complainant also owns a portfolio of domain names that it uses in its business, including <aximum.com> and <aximum.fr>, which contain the AXIMUM trademark and resolve to websites that also include its well-known AXIMUM trademark.<\/p>\n
It has recently come to the notice of the Complainant that on April 12, 2025, many years after the Complainant acquired its aforesaid trademark rights, the Respondent registered the domain name <axlmum.com><\/strong> (\"the Disputed Domain Name\") which includes the AXIMUM trademark in its entirety, except that a minor change has been made to the spelling of the trademark by deleting the letter “I” and replacing it with the letter “L” and thereby substituting the word “axlmum”. The Respondent has then caused the Disputed Domain Name to resolve to an inactive website and it has otherwise been used only in a phishing scheme.<\/p>\n The Disputed Domain Name and the website to which it resolves pose a very concerning threat to the Complainant’s business and its AXIMUM trademark and brand. That is so because they give rise to a likelihood of confusion in the minds of internet users between the AXIMUM trademark and the Disputed Domain Name and also because of any future use that might be made of them. <\/p>\n The Complainant maintains that registering the Disputed Domain Name and having it resolve to an inactive website cannot give rise to a right or legitimate interest to the Respondent in the Disputed Domain Name. It also maintains that the Disputed Domain Name has been registered and used in bad faith.<\/p>\n The Complainant has therefore brought this proceeding to obtain a transfer of the Disputed Domain Name to itself and thus the cessation of the improper use to which the Respondent has put it.<\/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": " COMPLAINANT:<\/p>\n The Complainant made the following contentions.<\/p>\n (i) The Disputed Domain Name is confusingly similar to a trademark or service mark in which the Complainant has rights.<\/p>\n The Complainant owns the trademarks for AXIMUM set out above and which were registered several years before the Respondent registered the Disputed Domain Name, which was on April 12, 2025.<\/p>\n The Disputed Domain Name <axlmum.com> incorporates the Complainant’s AXIMUM trademark in its entirety, except that a minor change has been made to the spelling of the trademark by deleting the letter “I” and replacing it with the letter “L” and thereby substituting the word “axlmum”. This is a clear case of typosquatting, as the Disputed Domain Name contains an obvious misspelling of the Complainant’s trademark.<\/p>\n The generic Top-Level Domain “.com” is a standard registration requirement which is disregarded when assessing whether the Disputed Domain Name is confusingly similar to a trademark in which the Complainant has rights.<\/p>\n Accordingly, the Disputed Domain Name has the effect of invoking the Complainant's AXIMUM trademark and the goods and services provided under it.<\/p>\n The Disputed Domain Name is therefore confusingly similar to the Complainant’s AXIMUM trademark.<\/p>\n (ii) The Respondent has no rights or legitimate interests in respect of the Disputed Domain Name.<\/p>\n As is universally accepted, the Complainant is first required to make out a prima facie case that the Respondent has no rights or legitimate interests in the Disputed Domain Name and, if such a prima facie case is made out, the onus of proof is then transferred to the Respondent to rebut any such prima facie case that has been established. The Complainant submits that for the following reasons, it can make out its prima facie case.<\/p>\n First, the Respondent is not commonly known by the Disputed Domain Name. There is no evidence, either in the WHOIS database or anywhere else that the Respondent is commonly known by the Disputed Domain Name or that it owns any corresponding registered trademark that includes the term <axlmum.com>.<\/p>\n Secondly, the Complainant has not given any permission or authority to the Respondent to register or use the Disputed Domain Name and there is no affiliation, business or other relationship between the Complainant and the Respondent.<\/p>\n Thirdly, the Disputed Domain Name is a typosquatted version of the Complainant’s AXIMUM trademark intended by the Respondent to take advantage of any mistake that an internet user may make when typing the correct spelling of the trademark in one of the official domain names of the Complainant.<\/p>\n Fourthly, the Disputed Domain Name is inactive, has not been put to any legitimate use and has been used only in a phishing scheme.<\/p>\n Fifthly, such a use is not a bona fide<\/em> offering of goods or services within the meaning of Paragraph 4(c)(i) of the Policy nor a legitimate noncommerical or fair use of the Disputed Domain Name within the meaning of Paragraph 4(c)(iii) of the Policy.<\/p>\n Accordingly, the Complainant submits that it has made out a prima facie<\/em> case that the Respondent has no such rights or legitimate interests in the Disputed Domain Name.<\/p>\n (iii) The Disputed Domain Name was registered and is being used in bad faith.<\/p>\n The Complainant submits on the following grounds that the Respondent registered and is using the Disputed Domain Name in bad faith.<\/p>\n First, the Disputed Domain Name is confusingly similar to the Complainant’s well-known trademark on which the Respondent has typosquatted.<\/p>\n Secondly, the evidence will show that the Complainant and its AXIMUM trademark are very well-known in its industry.<\/p>\n Thirdly, it must therefore be concluded that the Respondent had full knowledge of the Complainant's trademark when it registered the Disputed Domain Name and the presence of such a famous trademark in a domain name indicates that the Respondent was well-aware of the Complainant and its trademark and hence registered the Disputed Domain Name in bad faith.<\/p>\n Fourthly, the evidence will show that the Disputed Domain Name has been used for a phishing scheme and to pass the Respondent off as the Complainant.<\/p>\n Accordingly, the Complainant submits that the Respondent has registered and used the Disputed Domain Name in bad faith.<\/p>\n The Complainant thus submits that it is entitled to the relief that it seeks.<\/p>\n RESPONDENT:<\/p>\n The Respondent did not file a Response in this proceeding.<\/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": [
"Neil Brown"
],
"date_of_panel_decision": "2025-10-06 00:00:00",
"informal_english_translation": " The evidence has established that the Complainant is the owner of a portfolio of registered trademarks including:<\/p>\n (a) the French trademark registration for AXIMUM No. 3604776, registered on October 14, 2008; and<\/p>\n (b) the International trademark registration for AXIMUM No. 1011558, registered on April 14, 2009;<\/p>\n (collectively \"the AXIMUM trademark\").<\/p>",
"decision_domains": {
"axlmum.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}