Westmore · UDRP decision
CAC · Case No. CAC-UDRP-102434

8rueducommerce.com

TransferCAC-indexed · informational, not legal advice

The Panel found that the disputed domain name incorporated the Complainant's well-known RUE DU COMMERCE marks, that the Respondent lacked rights or legitimate interests, and that the registration and use constituted a clear-cut case of cybersquatting. It ordered transfer of the domain name.

Outcome
Transfer
At a glance
Provider
CAC
Outcome
Transfer
Decision date
2019-06-20
Panelist(s)
Roberto Manno
Complainant
RueDuCommerce
Respondent
supershop1000
Law firm
CHAIN AVOCATS
Disputed domain(s)
8rueducommerce.com
Citation weightCited by 2 later decisions · relies on 4 authorities
Domain history UDRP Intelligence

The timeline behind 8rueducommerce.com

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Westmore reconstructs the full history behind 8rueducommerce.com — from public RDAP and the Internet Archive — as part of UDRP Intelligence:

Registration → decision → today timeline
Archived Wayback evidence of what the site showed
Registry bad-faith signals
The live current registrant
Available in UDRP Intelligence
Verified public record
Outcome & remedy
Complaint granted. Panel ordered transfer of 8rueducommerce.com.
Reverse Domain Name Hijacking
No RDNH raised.
Westmore Insight

The Panel found registration and use in bad faith, relying on the domain's full incorporation of the Complainant's well-known trademarks and characterizing the matter as a clear-cut case of cybersquatting.

The three-part test
Identical or confusingly similarMet
Rights or legitimate interestsMet
Registered and used in bad faithMet

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

Related decisions
Case details
Provider
CAC
Outcome
Transfer
Decision date
2019-06-20
Panel
Roberto Manno
Full decision
4 min read · hosted by Westmore

Case number CAC-UDRP-102434 Time of filing 2019-04-12 12:32:43 Domain names 8rueducommerce.com Case administrator Name Šárka Glasslová (Case admin) Complainant Organization RueDuCommerce Complainant representative Organization CHAIN AVOCATS Respondent Organization supershop1000 Other Legal Proceedings There are no other proceedings the Panel is aware of. Identification Of Rights The Complainant is the Rue du Commerce Company, owner of several EUTM Registrations, including "RUE DU COMMERCE.COM" n. 8299381 since 2009, as well as gTLD domain names for "ruedecommerce.com" since then. The disputed domain name "8rueducommerce.com" has been created on September 4th 2018. Factual Background FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT: RueDuCommerce is the owner of a portfolio of Trademarks for the course of its internet-order selling business activities on web sites accessible in particular at the addresses www.rueducommerce.com and www.rueducommerce.fr. During more than eleven years RueDuCommerce has gained an important notoriety among the French net surfers and consumers. It is now a major e-merchant in France whose honorability and reliability are well known from the Internet users. Since its creation in 1999, RueDuCommerce has identified its products under the trademark “Rue du Commerce”. During more than fifteen years, RueDuCommerce has gained an important notoriety among the net surfers and consumers. It is now a major e-merchant in France whose honorability and reliability are well known from the Internet users. This active business is relayed by media (paper, internet and television). Consequently, the trademark RueDuCommerce constitutes a well-known trademark and this notoriety goes beyond the French framework. The disputed domain name www.8rueducommerce.com was registered on September 4th 2018 and it is used/registered without any legitimate interest and in bad faith. When the RueDuCommerce Company was notified of these recording,the Complainant tried to contact the owner of these domain names and the recording unit several times, obtaining as a response an offer to sell the domain name. This element has been indicated as the bad faith of 8rueducommerce.com and the absence of rights or legitimate interest in the disputed domain name. Moreover, the operator of the site deleted it after receiving the formal notice, implicitly acknowledging the illegitimacy of its activity. Parties Contentions NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. Rights 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). In particular, the Complainant is the owner of the following national French / EU trademark registrations: - French TM « RUE DU COMMERCE », registered on 27 June 2000 under number 3036950, for goods and services class 9, 16, 28, 35, 38, 41 et 42; - French TM “RDC.fr Rue du Commerce”, registered on 28 July 1999 under number 99805150, for goods and services class 35, 38, 42; - EUTM « RUE DU COMMERCE.COM », registered on 14 May 2009 under number 8299381 for goods and services class 16, 35, 36, 37, 38, 41, 42; - EUTM RUE DU COMMERCE », registered on 14 May 2009 under number 8299356 for goods and services class 16, 35, 36, 37, 38, 41, 42; - EUTM « RUE DU COMMERCE », registered on 25 July 2013 under number 12014833 for goods and services class 9, 16, 35, 36, 37, 38, 41, 42. 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). 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). 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. Principal Reasons for the Decision The disputed domain names incorporates in full the Complainant's well-known trademarks, which is one of the most famous e-commerce sites not only on the Internet, also according to a number of previous UDRP disputes, namely: “wwwrueducommerce.com” (case no. 101028) dated September 22th, 2015; “rueducommerces.com” (case no. 101030) dated September 24th, 2015; “rue-ducommerce.com” and “ruedu-commercerd.biz” (cases no.100861 and no.100873) dated November 12th, 2014, and January 1st, 2015; “rueducommercerd.biz” (case no.100873) dated January 1st, 2015, and other. Given the circumstances of the case, the Panel is persuaded this is a clear-cut case of Cybersquatting according the Policy. For all the reasons stated above, the Complaint is Accepted and the disputed domain name(s) is (are) to be 8RUEDUCOMMERCE.COM: Transferred PANELLISTS Name Roberto Manno Date of Panel Decision 2019-06-20 Publish the Decision

Source of record: CAC . Reproduced for research; CAC is the authoritative source.

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