{
    "case_number": "CAC-UDRP-108709",
    "time_of_filling": "2026-07-08 09:50:22",
    "domain_names": [
        "arkema-na.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "ARKEMA FRANCE"
    ],
    "complainant_representative": "Mr Franck CASO (IN CONCRETO)",
    "respondent": [
        "Eric WONG (Eric WONG)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a French company engaged in the provision of materials science used in connection with paint, adhesives, coats, glue, fibers, resins, raw material, finished products and related goods and services and has been so engaged since at least 2006. It is the owner of the aforesaid constituent trademarks of the ARKEMA trademark which it has used for many years and prior to the registration by the Respondent of the domain name &lt;arkema-na.com&gt; (&ldquo;the Disputed Domain Name&rdquo;). It has come to the notice of the Complainant that the Respondent registered the Disputed Domain Name on June 5, 2026 and caused it to resolve to a website which is a copy of the Complainant&rsquo;s official website at <a href=\"http:\/\/www.arkema.com\">www.arkema.com<\/a>. The Complainant is concerned that the registration and use of the Disputed Domain Name in this manner is an infringement of its rights in the ARKEMA trademark and also that this use of the Disputed Domain Name shows that it may well be used in the future by the Respondent for fraudulent and unauthorized purposes such as passing off and impersonating the Complainant if it remains in the ownership of the Respondent. Accordingly, the Complainant has instituted this proceeding to have the Disputed Domain Name transferred to itself.<\/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 Complainant made the following contentions.<\/p>\n<p>(i) The Disputed Domain Name is confusingly similar to a trademark or service mark in which the Complainant has rights.<\/p>\n<p>The Complainant owns the trademark for ARKEMA which it registered many years before the Respondent registered the Disputed Domain Name on June 5, 2026.<\/p>\n<p style=\"text-align: justify;\">The Disputed Domain Name incorporates the ARKEMA trademark in its entirety with the addition of a hyphen and the letters &ldquo;na&rdquo; and the Top Level Domain &ldquo;.com.&rdquo; The trademark is clearly recognizable in the Disputed Domain Name. The addition of elements such as a hyphen are ignored by panels when considering the issue of confusing similarity as they are not significant enough to influence the outcome of that issue. It is also well-established that the addition of letters such as &ldquo;na&rdquo; as in the present case cannot influence a decision on confusing similarity if the relevant trademark is clearly recognizable, which in the present case it is. Finally, the addition of a Top Level Domain such as &ldquo;.com&rdquo; in the present case cannot influence this decision as all domain names must have some such extension. In the present case it is very apparent that the Disputed Domain name invokes the Complainant&rsquo;s trademark which is clearly recognizable. The Disputed Domain Name is thus similar and confusingly similar to the trademark, as internet users would undoubtedly conclude that it is a domain name of the Complainant or one that is authorized by it.<\/p>\n<p>(ii) The Respondent has no rights or legitimate interests in respect of the Disputed Domain Name.<\/p>\n<p>The Complainant is first required to make out a <em>prima facie<\/em> case that the Respondent has no rights or legitimate interests in the Disputed Domain Name and, if such a <em>prima facie<\/em> case is made out, the onus of proof is then transferred to the Respondent to rebut any such <em>prima facie<\/em> case that has been established.<\/p>\n<p>The Complainant submits that, for the following reasons, it can make out its prima facie case:<\/p>\n<ul>\n<li style=\"text-align: justify;\">the Respondent does not have a registered trademark for ARKEMA-NA or any similar trademark;<\/li>\n<li style=\"text-align: justify;\">the Respondent is neither a licensee nor an authorized distributor of the Complainant and the Complainant has not given any consent to the Respondent to use its aforesaid trademark;<\/li>\n<li style=\"text-align: justify;\">the Disputed Domain Name was registered after the Complainant had acquired its aforesaid trademark rights and the goodwill and renown attached to them;<\/li>\n<li style=\"text-align: justify;\">the Respondent has fraudulently used the Disputed Domain Name to resolve to a website that reproduces the Complainant&rsquo;s official website at <a href=\"http:\/\/www.arkema.com\">www.arkema.com<\/a> and has allowed it to so resolve until it was taken down at the instigation of the Complainant;<\/li>\n<li style=\"text-align: justify;\">the Respondent has used the Disputed Domain Name to impersonate and pass itself off as the Complainant;<\/li>\n<li style=\"text-align: justify;\">the Respondent has used the Disputed Domain Name to exploit the Complainant&rsquo;s goodwill and renown in the ARKEMA trademark to make money by such means and in all probability to phish for personal and financial information from internet users;<\/li>\n<li style=\"text-align: justify;\">the Respondent is not commonly known by the Disputed Domain Name;<\/li>\n<li style=\"text-align: justify;\">the Respondent has not used the Disputed Domain Name for a <em>bona fide<\/em> purpose;<\/li>\n<li style=\"text-align: justify;\">the Respondent has not used the Disputed Domain Name for a legitimate noncommercial or fair use; and<\/li>\n<li style=\"text-align: justify;\">there is no other ground on which it could conceivably be argued that the Respondent has a right or legitimate interest in the Disputed Domain Name.<\/li>\n<\/ul>\n<p>Accordingly, the Complainant submits that it has made out a <em>prima facie<\/em> case that the Respondent has no rights or legitimate interests in the Disputed Domain Name.<\/p>\n<p>(iii) The Disputed Domain Name was registered and is being used in bad faith.<\/p>\n<p>That is so on the following grounds.<\/p>\n<ul>\n<li>\n<p>the Respondent has registered the Disputed Domain Name that is confusingly similar to the ARKEMA trademark in which the Respondent has no right or legitimate interest;<\/p>\n<\/li>\n<li>at the time of the registration of the Disputed Domain Name, the Complainant had established an international reputation and extensive goodwill in its ARKEMA trademark;<\/li>\n<li>the ARKEMA trademark was highly recognizable and had attracted substantial goodwill and recognition at the time the Respondent registered the Disputed Domain Name;<\/li>\n<li>the Respondent has caused the Disputed Domain Name to resolve to a website on which the Complainant&rsquo;s ARKEMA trademark is prominently displayed and which purports to offer the Complainant's goods and services for sale;<\/li>\n<li>at the time the Registrant registered the Disputed Domain Name, the Respondent had actual knowledge of the ARKEMA trademark and its association with the Complainant and its goods and services;<\/li>\n<li>it is self-evident that the Respondent chose the Disputed Domain Name to mislead internet users and that the Respondent registered and used it for that purpose, including by causing it to resolve to the Respondent&rsquo;s offending website and by allowing it to so remain until it was taken down at the instigation of the Complainant; &nbsp;<\/li>\n<li>\n<p>in the course of retaining the Disputed Domain Name, the Respondent configured its e-mail servers to convey fraudulent, misleading and unauthorized e-mails which was a potential misuse of the Disputed Domain Name whilst it remained in the ownership or under the control of the Respondent; and<\/p>\n<\/li>\n<li>there is no other circumstance tending to suggest that the Respondent registered and used the Disputed Domain Name with any intention other than to do so in bad faith.<\/li>\n<\/ul>\n<p>Accordingly, the Complainant submits that the Respondent has registered and used the Disputed Domain Name in bad faith.<\/p>\n<p>The Complainant thus submits that it will establish all of the elements it is required to prove under the Policy and that it is entitled to the relief that it seeks, namely transfer of the Disputed Domain Name.<\/p>\n<p><br \/>RESPONDENT<\/p>\n<p>The Respondent is in default and has not filed a Response in this proceeding.<\/p>\n<p><\/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": [
        "Neil Brown"
    ],
    "date_of_panel_decision": "2026-08-06 00:00:00",
    "informal_english_translation": "<p><\/p>\n<p>The evidence has established that the Complainant is the owner of a portfolio of registered trademarks for ARKEMA including:<\/p>\n<p>(a) the international trademark for ARKEMA N&deg; 847.865 registered on November 30, 2004;<\/p>\n<p>(b) the European Union trademark for ARKEMA N&deg;004.181.731 registered on February 9, 2006;<\/p>\n<p>(c) the United States trademark for ARKEMA N&deg;3.082.057 registered on April 18, 2006;<\/p>\n<p>(collectively &ldquo;the ARKEMA trademark&rdquo;).<\/p>",
    "decision_domains": {
        "arkema-na.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}