{
    "case_number": "CAC-ADREU-007764",
    "time_of_filling": null,
    "domain_names": [
        "sodexogroup.eu"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Company (SODEXO)"
    ],
    "complainant_representative": null,
    "respondent": [
        "Zerar Goren"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, founded in 1996, supplies food services and facilities management under the name “Sodexo”. The Complainant has no less than 460,000 employees serving 100 million consumers in 72 countries and is one of the largest employers in the world. In 2018, its turnover was approximately 20.5 billion Euros.\r\n\r\nThe Complainant owns many registered trade marks for “SODEXO” including EU trade mark no. 8346462, filed on 8 June 2009, registered on 1 February 2010, in international classes 9, 16, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45. \r\n\r\nThe Respondent registered the disputed domain name on 13 February 2019.\r\n\r\nThe Complainant asserts that the Respondent has used the disputed domain name for a website which looked like an official website of the Complainant in connection with digital marketing services.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the disputed domain name.",
    "discussion_and_findings": "Introduction\r\n\r\nUnder Article 21(1) of Regulation (EC) 874\/2004 (“the Regulation”), the disputed domain name is subject to revocation if it is identical or confusingly similar to a name in respect of which a right is recognised or established by national and\/or Community law, such as the rights mentioned in Article 10(1), and where it (a) has been registered by its holder without rights or legitimate interests in the name or (b) has been registered or is being used in bad faith.\r\n\r\nRights\r\n\r\nThe Complainant must first establish a right that “is recognised or established by national and\/or Community law, such as the rights mentioned in Article 10(1)”. \r\n\r\nArticle 10(1) of the Regulation refers to “prior rights” which are said to include “registered national and community trademarks, geographical indications or designations of origin, and, in as far as they are protected under national law in the Member-State where they are held: unregistered trademarks, trade names, business identifiers, company names…”.\r\n\r\nThe Complainant has established EU registered trade mark rights for the term “SODEXO”. \r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s trade mark as it differs only by addition of the descriptive word “group”. \r\n\r\nFor the above reasons, the Panel concludes that the disputed domain name is confusingly similar to a name in respect of which the Complainant possesses a right recognised or established by national and\/or Community law. \r\n\r\nLack of Rights or Legitimate Interest\r\n\r\nPanels have generally held that a complainant is only required to establish a prima facie case of lack of rights or legitimate interest and the burden then shifts to the respondent. If the respondent fails to show evidence of rights or legitimate interests, then it is deemed to have none.\r\n\r\nArticle 21(2)(a) provides that legitimate interest can be demonstrated by use of the domain name or a name corresponding to the domain name in connection with an offering of goods or services or demonstrable preparations to do so. \r\n\r\nHere, there is no evidence before the Panel of use of the disputed domain name in connection with an offering of goods or services or of demonstrable preparations for such an offering. \r\n\r\nNor is there any evidence that Articles 21(2)(b) or (c) apply. \r\n\r\nIn the Panel’s view, the Complainant has established a prima facie case of lack of rights or legitimate interest and there is no rebuttal by the Respondent.\r\n\r\nAccordingly, the Panel concludes that the Respondent lacks rights or legitimate interests in the disputed domain name.\r\n\r\nBad faith\r\n\r\nUnder Article 21(1) of the Regulation (a) lack of rights or legitimate interests and (b) registration or use in bad faith are alternative requirements. For reasons explained above, the Panel considers that the Respondent lacks rights or legitimate interests in the disputed domain name. Accordingly, there is no need to separately address bad faith.\r\n\r\nRemedy\r\n\r\nThe Complainant seeks transfer of the disputed domain name. \r\n\r\nArticle 22(11) of the Regulation states that the Panel shall decide that the domain name shall be revoked if it finds that the domain name is speculative or abusive as defined in Article 21. Article 22(11) further provides that the domain name shall be transferred to the Complainant if the Complainant applies for the domain name and satisfies the general eligibility criteria set out in Article 4(2)(b) of Regulation (EC) 733\/2002.\r\n\r\nThose general eligibility criteria are:\r\n\r\n1.\tan undertaking having its registered office, central administration or principal place within the European Community;\r\n\r\n2.\torganisations established within the European Community without prejudice to the application of national law; or\r\n\r\n3.\tnatural persons resident within the European Community.\r\n\r\nThe Complainant satisfies the eligibility criteria as it is an organisation established in France.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders the domain name <SODEXOGROUP.EU> to be transferred to the Complainant.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2019-08-30 00:00:00",
    "informal_english_translation": "I.      Disputed domain name: SODEXOGROUP.EU\r\n\r\nII.     Country of the Complainant: France, country of the Respondent: Hungary\r\n\r\nIII.    Date of registration of the domain name: 13 February 2019\r\n\r\nIV.    Rights relied on by the Complainant (Art. 21 (1) Regulation (EC) No 874\/2004) on which the Panel based its decision: Word trade mark registered in the European Union, reg. No. 8346462, for the term SODEXO, filed on 8 June 2009, registered on 1 February 2010, in respect of goods and services in classes 9, 16, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45.\r\n        \r\nV.    Response submitted: No\r\n\r\nVI.   Domain name is confusingly similar to the protected right\/s of the Complainant\r\n\r\nVII.  Rights or legitimate interests of the Respondent (Art. 21 (2) Regulation (EC) No 874\/2004):\r\n        1. No\r\n        2. Why: The Respondent failed to rebut the Complainant's prima facie case.\r\n\r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004):\r\n        1. Not considered.\r\n        2. Why: Not applicable.\r\n\r\nIX.   Other substantial facts the Panel considers relevant: None.\r\n\r\nX.    Dispute Result: Transfer of the disputed domain name.\r\n\r\nXI.   Procedural factors the Panel considers relevant: None.\r\n\r\nXII.  Is Complainant eligible? Yes",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}