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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Alcogroup S.A. v. Paolo Nedved

Case No. D2020-1813

1. The Parties

The Complainant is Alcogroup S.A., Belgium, internally represented.

The Respondent is Paolo Nedved, Bulgaria.

2. The Domain Name and Registrar

The disputed domain name <alcogroupe.com> (the “Domain Name”) is registered with PDR Ltd. d/b/a PublicDomainRegistry.com (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 10, 2020. On July 10, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name July 10, 2020. On July 11, 2020, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on July 22, 2020 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on July 23, 2020.

The Center verified that the Complaint together with the amendment to the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 28, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 17, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 18, 2020.

The Center appointed Mathias Lilleengen as the sole panelist in this matter on August 31, 2020. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.

4. Factual Background

The Complainant is a Belgian company and one of the biggest producers and distributors of ethanol for fuel in Europe.

The Complainant owns a trademark registration in ALCOGROUP (registration number 006829998) since January 21, 2009. The Complainant has registered the domain name <alcogroup.com> since August 14, 1999.

The Domain Name was registered on July 7, 2020. The Complainant has provided evidence that the Domain Name has been used to set up e-mail accounts to send fraudulent emails in an attempt to obtain undue payments. At the time of the Complaint and the time of drafting the Decision, the Domain Name was inactive.

5. Parties’ Contentions

A. Complainant

The Complainant provides evidence of trademark registration. The Complainant argues that the Domain Name is almost identical to the Complainant’s trademark.

The Complainant asserts that the Respondent is not authorized to use the Complainant’s trademark. The Respondent is not commonly known by the Domain Name. The Respondent cannot establish rights in the Domain Name as it has not made any use of, or demonstrable preparations to use, the Domain Name in connection with a bona fide offering of goods or services. On the contrary, there is evidence that the Respondent has used the Domain Name to defraud the Complainant.

The Complainant believes the Respondent has registered and used the Domain Name in bad faith with the purpose to defraud the Complainant (and its subsidiaries).

B. Respondent

The Respondent did not reply to the Complainant’s contentions.

6. Discussion and Findings

A. Identical or Confusingly Similar

The Complainant has established that it has rights in the trademark ALCOGROUP.

The test for confusing similarity involves the comparison between the trademark and the Domain Name. In this case, the Domain Name incorporates the Complainant’s trademark, with the addition of the letter “e” at the end. The addition does not prevent a finding of confusing similarity between the Domain Name and the Complainant’s trademark. For the purpose of assessing under paragraph 4(a)(i) of the Policy, the Panel may ignore the generic Top-Level Domain (“gTLD”) “.com”; see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 1.11.

The Panel finds that the Domain Name is confusingly similar to a trademark in which the Complainant has rights in accordance with paragraph 4(a)(i) of the Policy.

B. Rights or Legitimate Interests

The Complainant has made unrebutted assertions that it has not granted any authorization to the Respondent to register the Domain Name containing the Complainant’s trademark or otherwise make use of its mark. There is no evidence that the Respondent has registered the Domain Name as a trademark or acquired unregistered trademark rights. The Respondent cannot establish rights in the Domain Name as it has not made use of, or demonstrable preparations to use, the Domain Name in connection with a bona fide offering. The Respondent’s use of the Domain Name to send scam emails is clearly not bona fide.

The Panel finds that the Complainant has made out an unrebutted case. Accordingly, the Panel finds that the Respondent has no rights or legitimate interests in respect of the Domain Name in accordance with paragraph 4(a)(ii) of the Policy.

C. Registered and Used in Bad Faith

The Domain Name is almost identical to the Complainant’s well-known trademark. The Respondent must have been aware of the Complainant when the Respondent registered the Domain Name. The Panel agrees with the Complainant that the Respondent by registering the Complainant’s trademark in the Domain Name was seeking to create a likelihood of confusion with the trademark to mislead third parties, evidenced by the Respondent’s use of the Domain Name to set up an email account to send out scam emails.

For the reasons set out above, the Panel concludes that the Domain Name was registered and is being used in bad faith, within the meaning of paragraph 4(a)(iii) of the Policy.

7. Decision

For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name <alcogroupe.com> be transferred to the Complainant.

Mathias Lilleengen
Sole Panelist
Date: September 10, 2020

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