{
    "case_number": "CAC-UDRP-107985",
    "time_of_filling": "2025-09-23 12:14:30",
    "domain_names": [
        "nuxe-outlets.shop"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Laboratoire Nuxe"
    ],
    "complainant_representative": "AUDE guillermard (ATOUTPI LAPLACE)",
    "respondent": [
        "renwei (ren wei )"
    ],
    "respondent_representative": null,
    "factual_background": "<p><strong>A. Complainant's Factual Allegations <\/strong><\/p>\n<p>The Complainant is a French company created in 1964 specializing in manufacture and trade of cosmetics as well as personal care products and related services sold under the trademark NUXE. The Complainant is selling its cosmetics all around the world and provides spa services in various countries. Trademark NUXE PARIS and its device is affixed on all communications means (websites whatever the language), on social networks as well as on all the cosmetic goods themselves.<\/p>\n<p><strong>B. Respondent's Factual Allegations <\/strong><\/p>\n<p>The Respondent has defaulted in this UDRP administrative proceeding and has consequently made no factual allegations. The Respondent is renwei, based at the address of Sanbanqiao Town, Shizhuzhilicun Village, Banguojing Group, Beijing Municipality 522323 China.<\/p>\n<p>The disputed domain name was registered on August 22, 2025 by the Respondent, as confirmed by the Registrar. At the time of filing of the Complaint, the disputed domain name &lt; nuxe-outlets.shop &gt; resolved to a website offering cosmetics. The website is now inactive after the Complainant&rsquo;s complaint with the Registrar.&nbsp;<\/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><strong>A. COMPLAINANT<\/strong><\/p>\n<p><strong>Language of the Proceedings<\/strong><\/p>\n<p>The Complaint is written in English. According to the registrar's verification response ('the RVR'), the language of the registration agreement for the disputed domain name is Chinese. The Complainant submitted a request for English to be the language of this administrative proceeding. The Respondent understands perfectly English language on the following grounds:<\/p>\n<ul>\n<li>The disputed domain name was registered in Latin characters;<\/li>\n<li>The &ldquo;.shop&rdquo; generic top-level domain (TLD) could have been registered in Chinese script, but the Respondent registered it in English;<\/li>\n<li>The Respondent has registered in the past more than 1000 domain names, among which English wording are dominant;<\/li>\n<li>The Respondent&rsquo;s website in France is partially in English and its website in China is entirely in English;<\/li>\n<li>To require the Complaint and all supporting documents to be re-filed in Chinese would cause an unnecessary burden of cost to the Complainant and would unnecessarily delay the proceeding.\n<ol><\/ol>\n<\/li>\n<\/ul>\n<p>The Complainant's contentions can be summarized as follows:<\/p>\n<p><strong>I. The disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n<ul>\n<li>The Complainant contends that the disputed domain name is confusingly similar to the Complainant&rsquo;s NUXE trademark, as it fully incorporates NUXE. The consumer will understand that the disputed domain name and its contents deal with NUXE trademark and goods;<\/li>\n<li>The generic word &ldquo;outlets&rdquo; heightens the risk of affiliation with the Complainant, given that it is a word readily associated with the Complainant&rsquo;s business segment. NUXE products are sold in many outlets;<\/li>\n<li>The generic Top-Level Domains ('TLDs') may well enhance the link with the Complainant's trademark and business activities;<\/li>\n<li>This usage is likely to mislead Internet users into believing that the website is either operated by the Complainant or is authorized, licensed, or endorsed by it.<\/li>\n<\/ul>\n<p><strong>II. The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n<p>The Complainant submits that it has never been contacted by someone willing to register the disputed domain name nor has it given any authorization to anyone to make any use, or apply for registration of the disputed domain name. The Respondent really has no legitimate interest in the reservation and the use of the disputed domain name.<\/p>\n<p><strong>III.<\/strong> <strong>The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n<p><strong>Registration<\/strong><\/p>\n<p>The Complainant claims that the Respondent registered the disputed domain name in bad faith on the grounds: i) the Respondent registered the disputed domain name with knowledge of, and intention to target, the Complainant. It could not ignore the existence of the Complainant&rsquo;s earlier rights and uses on NUXE. Indeed, the disputed domain name wholly reproduces the Complainant&rsquo;s trademark NUXE and the Respondent sold NUXE products at a very low price; ii) when searching &ldquo;nuxe-outlets.shop&rdquo; with google, all search results relate to NUXE; iii) NUXE is a reputed trademark for cosmetics goods. NUXE reputation has been confirmed by many UDRP decisions; iv) the registration of the disputed domain name is either to obtain a financial advantage or to prevent the Complainant from using it; v) cosmetics of NUXE brand were offered on the website of the disputed domain name. The Respondent intentionally targeted the Complainant&rsquo;s trademark and business when registering the disputed domain name in consideration of offering NUXE brand product. Such behavior can only emphasize the Respondent&lsquo;s knowledge regarding the Complainant.<\/p>\n<p><strong>Use<\/strong><\/p>\n<p>The Complainant contends that the Respondent is using the disputed domain name in bad faith on the grounds: i) the website is misleading and impersonates the Complainant and its trademark. Such use is not for bona fide commercial purposes, but rather an attempt to attract Internet users for commercial gain by creating a likelihood of confusion regarding the source, sponsorship, affiliation, or endorsement of the website; ii) cosmetics of NUXE brand were offered on the website. The Respondent intentionally targeted the Complainant&rsquo;s trademark and business; iii) it obtains a financial advantage of using the trademark NUXE.<\/p>\n<p>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/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 language of the registration agreement is Chinese. The Complainant has requested that the language of the proceeding be English. The Respondent did not respond to the issue of the language of the proceedings and did not reject the Complainant&rsquo;s request<\/p>\n<p>The Panel is given discretion under Paragraph 11 of the Rules to determine the appropriate language of the administrative proceeding. Paragraph 10 of the Rules mentions that the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case. Based on the following factors, the Panel has decided that it would be fair and equitable to all parties to have the language of the proceedings be English:<\/p>\n<ul>\n<li>The Complaint was written in English, an international language comprehensible to a wide range of internet users worldwide, including those living in France and in China;<\/li>\n<li>The Respondent&rsquo;s website is in French and English languages, offering for sale of cosmetics in French and English languages;<\/li>\n<li>While determining the language of the administrative proceedings, the Panel has a duty to consider who would suffer the greatest inconvenience as a result of the Panel's determination. On the one hand, the determination of English as the language of this administrative proceeding &ndash; a widely spoken language &ndash; is unlikely to cause the Respondent any inconvenience. The determination of Chinese as the language of this administrative proceeding, on the other hand, is very likely to cause the Complainant inconvenience, and to interfere with the overall due expedition of the proceedings under the Rules (See Burberry Limited v Fei Cheng, CAC-UDRP-106643);<\/li>\n<li>The Complainant has requested that the language of the proceeding be English. The Respondent did not respond to reject the Complainant&rsquo;s request.<\/li>\n<\/ul>\n<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": [
        "Yunze Lian"
    ],
    "date_of_panel_decision": "2025-11-04 00:00:00",
    "informal_english_translation": "<p>The Complainant has provided evidence of its ownership of registered trademark rights in the trademark NUXE in classes 3, 44 and other classes in numerous jurisdictions. Such registrations include the following:<\/p>\n<p>US trademark registration No. 4,123,619, registered on April 10, 2012 and No. 6,756,451, registered on June 14, 2022;<\/p>\n<p>EU trademark registration No. 008774531, registered on June 15, 2010;<\/p>\n<p>International trademark registration No.1072247, registered on February 14, 2011, designating numerous countries, including China.<\/p>\n<p>The registration dates of the trademark predate the registration date of the disputed domain name, &lt; nuxe-outlets.shop&gt;, registered on August 22, 2025.<\/p>\n<p>The Complainant is also the owner of the domain names, &lt;nuxe.com&gt;, registered in1998, &lt;arla.ph&gt;, &lt;nuxe.fr&gt;, &lt;nuxe.eu&gt;, &lt;nuxe.ca&gt;, &lt;nuxe.us&gt; and &lt;nuxe.cn&gt;.&nbsp;<\/p>",
    "decision_domains": {
        "nuxe-outlets.shop": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}