Westmore · UDRP DecisionSoderxo.com
The Panel ordered transfer of <soderxo.com>. It found the domain confusingly similar to the registered SODEXO mark because it incorporated the mark with the additional letter “r”. The Complainant established a prima facie case that the Respondent lacked rights or legitimate interests, which the non-responding Respondent did not rebut. Bad faith was found from the well-known and fanciful nature of SODEXO, the mark’s registration more than a decade before the domain, the domain’s inactive use, and the use of a privacy service.
The timeline behind soderxo.com
Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.
This decision illustrates a straightforward one-letter insertion case involving a distinctive mark and an inactive domain. The result rested on the recognizable reproduction of SODEXO, unrebutted evidence concerning the absence of authorization, and the combined circumstances supporting passive-holding bad faith.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION SODEXO v. Perfect Privacy, LLC / Thomas Hill Case No. D2021-0403 1. The Parties The Complainant is SODEXO, France, represented by Areopage, France. The Respondent is Perfect Privacy, LLC / Thomas Hill, United States of America. 2. The Domain Name and Registrar The disputed domain name <soderxo.com> is registered with Register.com, Inc (the “Registrar”). 3. Procedural History The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 10, 2021. On the same day, 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 disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on February 15, 2021 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 amended Complaint on February 18, 2021. The Center verified that the Complaint together with the amended 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 22, 2021. In accordance with the Rules, paragraph 5, the due date for Response was March 14, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 15, 2021. The Center appointed Nayiri Boghossian as the sole panelist in this matter on March 22, 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 was founded in 1966 and operates in the field of foodservices and facilities management. Between 1966 and 2008, the Complainant operated under the trademark SODEXHO, which has since then been changed to SODEXO. The Complainant uses the domain name <sodexo.com> to provide its services. The Complainant owns a number of trademark registrations for the trademark SODEXO such as International Registration no. 964615 registered on January 8, 2008, International Registration no. 1240316 registered on October 23, 2014 and European Registration no. 008346462 registered on February 1, 2010. The Respondent registered the disputed domain name on December 10, 2020. 5. Parties’ Contentions A. Complainant The Complainant contends that the disputed domain name is confusingly similar to the Complainant’s trademark SODEXO/ SODEXHO. The trademark SODEXO has been considered well known by previous UDRP panels. The disputed domain name reproduces the Complainant’s trademark SODEXO with a misspelling. The Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. The Respondent is not affiliated with nor authorized by the Complainant to use its trademark. The Respondent was not commonly known by the disputed domain name. The Complainant contends that the disputed domain name was registered and is being used in bad faith. The Respondent was aware of the Complainant’s trademark SODEXO as it is a fanciful word that has no meaning and a well-known trademark. The Respondent must have registered the disputed domain name in order to attract Internet users for commercial gain while taking advantage of the reputation of the Complainant’s trademark. Furthermore, this is a case of passive holding, which under the circumstances is an indication of bad faith use. Lastly, the Respondent used a privacy service. B. Respondent The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings A. Identical or Confusingly Similar The Complainant owns trademark registrations for the trademark SODEXO. The Panel is satisfied that the Complainant has established its ownership of the trademark SODEXO. The disputed domain name comprises the Complainant’s trademark SODEXO in its entirety with the addition of the letter “r”. This is a typical case of cybersquatting. The gTLD “.com” should generally be ignored when assessing confusing similarity as established by prior UDRP decisions. Consequently, the Panel finds that the disputed domain name is confusingly similar to the trademark of the Complainant and that the Complainant has satisfied paragraph 4(a)(i) of the Policy. B. Rights or Legitimate Interests The Complainant has made a prima facie showing that the Respondent does not have any rights or legitimate interests in the disputed domain name, particularly by asserting that it never authorized the Respondent to use its trademark as part of the disputed domain name. The burden of production moves then to the Respondent, and the Respondent has not provided evidence of circumstances of the types specified in paragraph 4(c) of the Policy, or of any other circumstances, giving rise to rights or legitimate interests in the disputed domain name. Consequently, the Panel finds that the Complainant has met the requirement under the Policy of showing that the Respondent does not have any rights or legitimate interests in the disputed domain name. Accordingly, the Complainant has satisfied paragraph 4(a)(ii) of the Policy. C. Registered and Used in Bad Faith The Complainant’s trademark is a well-known trademark as established by prior UDRP decisions. It had been registered for more than a decade by the time the disputed domain name was registered. Also, the trademark SODEXO is fanciful as it does not have a dictionary meaning. Therefore, the Respondent must have been fully aware of the Complainant and its trademark when it registered the disputed domain name. The disputed domain name resolves to an inactive webpage. This is a case of passive holding, which under the circumstances is evidence of bad faith. Lastly, the Respondent used a privacy service, which is a further indication of bad faith. Such conduct falls squarely within the meaning of paragraph 4(b)(iv) of the Policy, and accordingly, the Panel finds that the Complainant has satisfied 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 <soderxo.com> be transferred to the Complainant. Nayiri Boghossian Sole Panelist Date: March 22, 2021
Source of record: WIPO . Reproduced for research; WIPO is the authoritative source.
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