{ "case_number": "CAC-UDRP-108945", "time_of_filling": "2026-08-26 09:47:18", "domain_names": [ "biomerieux-spa.com" ], "case_administrator": "Olga Slanařová (Case admin)", "complainant": [ "bioMérieux" ], "complainant_representative": "French and European Trademark & Design Attorney Fabrice BIRCKER (Plasseraud IP)", "respondent": [ "Ionut Florin Pirgaru (Electrolux Appliances S.p.A.)" ], "respondent_representative": null, "factual_background": "

The Complainant, bioMérieux, is a French multinational company active in the field of biotechnology and diagnostic solutions. It was founded in 1963 and operates internationally, serving more than 160 countries through its subsidiaries and distributors. <\/span><\/span><\/span><\/p>\n

The Complainant owns numerous trademark registrations for the name BIOMERIEUX, as well as a portfolio of domain names incorporating its trademark, including <biomerieux.com>, registered in 1996, and <biomerieuxspa.com>, registered in 2023. <\/span><\/span><\/p>\n

The disputed domain name <biomerieux-spa.com> was registered on 29 July 2026.<\/span><\/p>\n

According to the Registrar verification, the Respondent is identified as Electrolux Appliances S.p.A. \/ Ionut Florin Pirgaru, with an address in Romania. <\/span><\/span><\/p>\n

The disputed domain name does not resolve to an active website. MX records have, however, been configured for the disputed domain name. <\/span><\/span><\/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:<\/span><\/h2>\n

The Complainant contends that the disputed domain name is confusingly similar to its BIOMERIEUX trademark. The disputed domain name incorporates the trademark in its entirety and merely adds the term “spa”, together with the “.com” generic Top-Level Domain.<\/span><\/p>\n

The Complainant submits that the Respondent has no rights or legitimate interests in the disputed domain name. The Respondent has not been authorised to use the BIOMERIEUX trademark, is not commonly known by the disputed domain name and is not making any bona fide or legitimate noncommercial use thereof.<\/span><\/p>\n

Finally, the Complainant submits that the disputed domain name was registered and is being used in bad faith. In particular, it relies upon the distinctive and well-known character of the BIOMERIEUX trademark, the passive holding of the disputed domain name, the configuration of MX records, inconsistencies in the Respondent's registration information and the Respondent's alleged involvement in a previous UDRP proceeding. <\/span><\/span><\/p>\n

The Complainant requests transfer of the disputed domain name. <\/span><\/span><\/p>\n

Respondent:<\/span><\/h2>\n

No administratively compliant Response has been filed.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark 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": [ "Hana Císlerová" ], "date_of_panel_decision": "2026-09-18 00:00:00", "informal_english_translation": "

The Complainant has demonstrated rights in the BIOMERIEUX trademark, including, inter alia:<\/span><\/p>\n

    \n
  • International Trademark Registration No. 933598 for BIOMERIEUX, registered on 12 June 2007 in Classes 1, 5, 9 and 10; and<\/li>\n
  • European Union Trademark Registration No. 017912668 for BIOMERIEUX, registered in 2018 in Classes 1, 5, 9, 10, 35, 37, 41, 42 and 44.<\/li>\n<\/ul>\n

    The Complainant has also referred to its rights in the company\/trade name BIOMERIEUX, including its French company name registered since 1988.<\/p>\n

    The Panel further notes that previous UDRP panels have repeatedly recognised the BIOMERIEUX trademark as distinctive and well known, particularly in the medical and diagnostic field.<\/p>", "decision_domains": { "biomerieux-spa.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }