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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Laboratoires Thea v. Domain Administrator, Fundacion Privacy Services LTD

Case No. D2021-0412

1. The Parties

The Complainant is Laboratoires Thea, France, represented by AARPI Scan Avocats, France.

The Respondent is Domain Administrator, Fundacion Privacy Services LTD, Panama.

2. The Domain Name and Registrar

The disputed domain name <nutrofs.com> is registered with Media Elite Holdings Limited dba Register Matrix (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 10, 2021. On February 11, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 13, 2021, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that 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 February 18, 2021. In accordance with the Rules, paragraph 5, the due date for Response was March 10, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 11, 2021.

The Center appointed William F. Hamilton as the sole panelist in this matter on March 16, 2021. 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 European pharmaceutical Company. The Complainant offers a range of diagnostic, surgical, and therapeutical eye care products including the product Nutrof.

The Complainant owns the following trademark registrations for NUTROF (the “Mark”):

- European Union word mark No. 002044030 filed on January 16, 2001, and registered on March 28, 2002 for products in classes 3 and 5 (duly renewed);
- French word mark No. 3477674 registered on January 29, 2007 for products in class 5 (duly renewed);
- International word mark No. 931136 registered on July 6, 2007 for products in class 5 (duly renewed).

The Complainant owns numerous domain names incorporating the Mark including <nutrof.com> and <nutrof.fr>.

The disputed domain name redirects Internet users to a parking page with links directly related to Complainant’s area of activity.

5. Parties’ Contentions

A. Complainant

The Complainant asserts the disputed domain name is confusingly similar to the Mark because the disputed domain name is composed by adding the letter “s” to the Mark. The Complainant asserts that the Complainant never authorized the Respondent to use the Mark, that the Respondent is not known by the Mark or disputed domain name, and that the Respondent has never engaged in any bona fide commercial activity in connection with the Mark. The Complainant also asserts the Respondent has registered and used the disputed domain name in bad faith to lure for commercial gain unsuspecting Internet users to the Respondent’s website that features assorted links to competitive products.

B. Respondent

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

6. Discussion and Findings

Under paragraph 4(a) of the Policy, to succeed the Complainant must satisfy the Panel that:

(i) the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(ii) the Respondent has no rights or legitimate interests in respect of the disputed domain name; and
(iii) the disputed domain name was registered and is being used in bad faith.

A. Identical or Confusingly Similar

The Panel finds that the disputed domain name is confusingly similar to the Complainant’s Mark.

The disputed domain name is composed by the addition of the letter “s” to the Complainant’s Mark. A domain name which wholly incorporates a complainant’s registered mark is sufficient to establish confusing similarity for the purposes of the Policy. WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 1.7. The addition of the letter “s” is a trivial modification that does not prevent a finding of confusing similarity. Reckitt & Colman (Overseas) Health Limited v. Domain Administrator, See PrivacyGuardian.org / Zhongqi Jia / Effie Sokolowski, WIPO Case No. D2020-3110.The generic Top-Level Domain (“gTLD”), in this case “.com”, may be disregarded for the purposes of assessment under the first element, as it is viewed as a standard registration requirement. See WIPO Overview 3.0, section 1.11.1; Laboratoires Thea v. see PrivacyGuardian.org / Vlad Ivleev, WIPO Case No. D2020-3413.

The Complainant has met its burden under paragraph 4(a)(i) of the Policy.

B. Rights or Legitimate Interests

The Panel finds that the Respondent has no rights or legitimate interests in the disputed domain name.

The Complainant has specifically disavowed providing the Respondent with permission to use the disputed domain name or the Mark. There is no evidence that the Respondent has conducted any bona fide business under the disputed domain name or is commonly known by the disputed domain name. The Respondent has failed to come forth with any evidence showing any rights or legitimate interests in the disputed domain name. The Respondent did not formally respond to the Complaint.

The Complainant has met its burden under paragraph 4(a)(ii) of the Policy.

C. Registered and Used in Bad Faith

The Panel finds the disputed domain name was registered and is being used in bad faith.

The Panel finds that the Respondent intentionally attempted to falsely lure and attract Internet users to the Respondent’s website for commercial gain. The confusingly similar disputed domain name resolved to a parking website offering links to various products and services. Given the Complainant’s distinctive Mark, which has no dictionary meaning in French or English, it is difficult to conceive of any use that the Respondent might make of the disputed domain name without the Complainant’s consent that would not involve bad faith. Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003. It is abundantly clear that the Respondent registered the disputed domain name in bad faith and is using the disputed domain name to trade on the Complainant’s Mark.

The Complainant has met its burden under 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 disputed domain name <nutrofs.com> be transferred to the Complainant.

William F. Hamilton
Sole Panelist
Date: March 30, 2021

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