{
    "case_number": "CAC-UDRP-108877",
    "time_of_filling": "2026-07-31 09:51:31",
    "domain_names": [
        "arkema-netherland.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "ARKEMA FRANCE"
    ],
    "complainant_representative": "Mr Franck CASO (IN CONCRETO)",
    "respondent": [
        "James  John (Van Diemen)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a French company producing, reselling, and distributing a wide range of products for various domains such as paints, adhesives, coats, glue, fiber, resins, raw materials, and finished materials.<\/p>\n<p>By 2025 the Complainant is present in 55 countries with over 20.700 employees and approximately &euro; 9.1 billion in sales.<\/p>\n<p>The Complainant is a leader in specialty materials, and the ARKEMA trademark enjoys recognition and fame.<\/p>\n<p>The Complainant also holds a portfolio of domain names for ARKEMA. These include, &lt;arkema.com&gt;, &lt;arkema.info&gt; or &lt;arkema.eu&gt;.<\/p>\n<p>The disputed domain name was registered on June 3, 2025, and is inactive.<\/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>THE COMPLAINANT<\/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>\n<p>In particular, the Complainant alleges that the disputed domain name consists of the addition of a geographical term, in this case, &ldquo;Netherland&rdquo; and a hyphen in between, which is not sufficient to avoid the likelihood of confusion. Thus, the disputed domain name is confusingly similar for the purposes of the first element.<\/p>\n<p>The Complainant contends that the Respondent has neither been licensed nor authorized to register a domain name incorporating the Complainant&acute;s ARKEMA mark. Furthermore, the disputed domain name has been inactive since its registration.<\/p>\n<p>The Complainant also alleges that the contact email in the verification registrar record shows an email address seemingly in connection with a third company which is a competitor of the Complainant. Indeed, this third company has no link to or relation with the Complainant. Moreover, the address provided by the Respondent does not correspond to that third company, but to a different one.<\/p>\n<p>Regarding the third requirement of the Policy the Complainant says that due to its reputation and fame in the chemical industry, the Respondent should have been aware of it. Thus, the registration was made in bad faith.<\/p>\n<p>The Complainant also contends that the disputed domain name is passively held by the Respondent and notes that prior decisions have found that the non-use of a domain name would not prevent a finding of bad faith under the doctrine of passive holding (Section 3.3. of the WIPO Overview 3.0).<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;THE RESPONDENT<\/p>\n<p>No administratively compliant Response has been filed.<\/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": [
        "Manuel Moreno-Torres"
    ],
    "date_of_panel_decision": "2026-08-28 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the ARKEMA trademark in different jurisdictions. By way of example, an international trademark with registration number 847865 filed on November 30, 2004, or a European Union Trademark with registration number 004181731, registered on February 9, 2006.<\/p>",
    "decision_domains": {
        "arkema-netherland.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}