{ "case_number": "CAC-UDRP-108672", "time_of_filling": "2026-05-25 09:48:55", "domain_names": [ "biomerieux.network" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ " bioMérieux" ], "complainant_representative": "French and European Trademark & Design Attorney Fabrice BIRCKER (Plasseraud IP)", "respondent": [ "Constantin Sumanariu " ], "respondent_representative": null, "factual_background": "

The Complainant is a French multinational biotechnology company (notably active in the field of diagnostic solutions) listed on the NYSE Euronext Paris Stock exchange. Its products are mainly used for diagnosing infectious diseases. They are also used for detecting microorganisms in agri-food, pharmaceutical and cosmetic products. Founded in 1963, it serves more than 160 countries, by means of its 43 subsidiaries around the world, and through a large network of distributors. Its leadership in the field of in vitro diagnostics extends for over 60 years, with €4.0 billion in sales.  <\/p>\n

The disputed domain name <biomerieux.network> registered on May 17, 2026 is identical to the Complainant's mark. <\/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<\/b>
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

In particular:<\/p>\n

    \n
  1. In view of the distinctiveness of the Complainant's trademarks and reputation, the Complainant contends that it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant's rights in the trademark;<\/li>\n
  2. Given i) the closeness of the disputed domain name with the BIOMERIEUX trademark ii) the clear absence of rights of the Respondent, iii) the fact that the disputed domain name carries a high risk of implied affiliation with the Complainant, and iv) the fact that the BIOMERIEUX trademark is exclusively related to the Complainant, any use would constitute an impersonation of the Complainant;<\/li>\n
  3. Furthermore, the disputed domain name points to a blank page. The Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain names, and it is not possible to conceive of any plausible actual or contemplated active use of the domain names by the Respondent that would not be illegitimate;<\/li>\n
  4. As a consequence of MX records having been set up on the disputed domain name, the Respondent can send emails through the email address \"@biomerieux.network\" and therefore may use the disputed domain name to send fraudulent emails such as messages containing spam, or phishing attempts, for instance. This risk is all the higher in the present case in that the Respondent has also configurated a SPF (Sender Policy Framework) record with the disputed domain name.<\/li>\n<\/ol>\n

    RESPONDENT
    The Respondent has not appeared formally or informally to controvert the evidence submitted by the Complainant.<\/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": [ "Gerald Levine Ph.D, Esq." ], "date_of_panel_decision": "2026-06-29 00:00:00", "informal_english_translation": "

    The Complainant is the owner of numerous trademarks for the term BIOMERIEUX including
    European trademark n° 17912668, registered on June 5, 2018 in classes 1, 5, 9, 10, 35, 37, 41, 42 and 44;
    French trademark n° 4416795, filed on January 3, 2018 in classes 1, 5, 9, 10, 35, 37, 41, 42 and 44; and
    European trademark BIOMERIEUX n° 017383506, registered on February 27, 2018 in classes 35, 37, 41,42 and 44.<\/p>\n

    In addition, the Complainant owns about 200 trademarks for \"BIOMERIEUX\" in most countries of the world.<\/p>", "decision_domains": { "biomerieux.network": "TRANSFERRED" }, "panelist": null, "panellists_text": null }