Decisión del Panel Administrativo nº D2015-0924 of WIPO Arbitration and Mediation Center, July 28, 2015 (case L'Oréal v. Haya Manami)
| Resolution Date | July 28, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
Complainant is L'Oréal of Paris, France, represented by Dreyfus & associés, France.
Respondent is Haya Manami of Nagoya, Japan.
The disputed domain name [jpkerastase.net] (the "Domain Name") is registered with Name.com LLC (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on June 1, 2015. On June 1, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On June 2, 2015, the Registrar transmitted by email to the Center its verification response confirming that 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(a) and 4(a), the Center formally notified Respondent of the Complaint, and the proceeding commenced on June 4, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was June 24, 2015. Respondent did not submit any response. Accordingly, the Center notified Respondent's default on June 25, 2015.
The Center appointed John R. Keys, Jr. as the sole panelist in this matter on July 14, 2015. 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.
Complainant, L'Oréal, is a French industrial group founded in 1909, now present in 130 countries, specializing in cosmetics and beauty products, such as hair color, styling aids, cleansers, and fragrances, which it markets using over 500 trademarks, including 28 international trademarks.
Since 1964, the brand name Kerastase has represented Complainant's premium, luxury hair care products, which are intended for sale by hair care professionals in prestigious hair salons globally. Complainant operates in Japan through a subsidiary, L'Oréal Nihon.
Complainant owns a number of trademarks for KERASTASE, including an international registration, No. 522548, since April 1, 1988, and renewed, and several Japanese trademark registrations: No. 904318 (June 28, 1971) in Japanese Class 3; No. 2320085 (July 31, 1991) in Japanese Class 21; and No. 3123362 (February 29, 1996) in Class 42.
The Domain Name was registered on January 20, 2015. The Domain Name directs the user to an inactive page.
Complainant sent a cease-and-desist letter to Respondent but received no response, despite several reminders.
Complainant contends that the Domain Name is identical or confusingly similar to its KERASTASE trademark in which it has rights. The Domain Name incorporates Complainant's very well-known trademark in its entirety. The public would therefore assume the Domain Name was owned by or related to Complainant.
The Domain Name adds to Complainant's trademark the letters "jp" which is a common abbreviation or code for "Japan". It is thus a geographic term that does not sufficiently distinguish the Domain Name from the trademark and may actually suggest that...
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