SODEXO v. Sabine van Leijden et al.

NATIONAL ARBITRATION FORUM
URS DEFAULT DETERMINATION

SODEXO v. Sabine van Leijden et al.
Claim Number: FA1410001582833

DOMAIN NAME

<sodexo.catering>

PARTIES

	Complainant: SODEXO of ISSY-LES-MOULINEAUX, France
	Complainant Representative: AREOPAGE of NANTERRE, France

	Respondent: Sabine van Leijden Sabine van Leijden of Alphen aan den rijn, II, NL

REGISTRIES and REGISTRARS

	Registries: New Falls. LLC
	Registrars: Tucows Domains, Inc.

EXAMINER

	The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
	Vali Sakellarides, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: October 2, 2014
	Commencement: October 2, 2014
	Default Date: October 17, 2014
	Having reviewed the communications records, the Examiner finds that the National Arbitration Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").

RELIEF SOUGHT

Complainant requests that the domain name be suspended for the life of the registration.

STANDARD OF REVIEW

Clear and convincing evidence.

FINDINGS and DISCUSSION

	Procedural Findings:
		Multiple Complainants: This proceeding features a sole Complainant regarding the single domain name <sodexo.catering>. No domain names are dismissed from this complaint.
		Multiple Respondents: This proceeding features a sole Respondent regarding the single domain name <sodexo.catering>. No domain names are dismissed from this complaint.

Findings of Fact: The Complainant is a corporation having its principle place of business in France. The Complainant is the owner of the International Registration No. 964615 SODEXO registered on January 8, 2008, based on French trademark registration filed on December 21, 2007. Said IR has been registered in numerous designated countries including the EU. Complainant states that it was founded in 1966 and was formerly called SODEXHO and SODEXHO ALLIANCE. It is one of the largest food services and facilities management companies in the world, with 428,000 employees on 33,300 sites in 80 countries. For fiscal year 2013, Complainant’s revenues reached 18,4 billion Euros throughout the world. The mark SODEXO (previously SODEXHO) is particularly well-known and used with respect to catering and restaurant services which correspond to its first and historic activity. The marks SODEXHO and SODEXO are registered in many countries. SODEXO is also the holder of numerous domain names corresponding to and/or containing SODEXO / SODEXHO. Respondent does not have any affiliation, association or connection with the Complainant and has not been authorized by the Complainant to register the disputed domain name <sodexo.catering> or to use the Complainant’s registered SODEXO mark in any way. The Respondent’s web site offers for sale SODEXO domain names with different .gTLDs and registration services for domain names in general.

Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.

[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar to a word mark:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

Determined: Finding for Complainant

Complainant submits evidence of being the owner of International Registration No. 964615 SODEXO registered on January 8, 2008 in numerous designated countries including the EU. Complainant submits proof of current use of the SODEXO mark through its web site <www.sodexocateringforsuccess.com>. Examiner finds that the disputed domain name <sodexo.catering> is identical to the Complainant’s SODEXO mark. The gTLD .catering is not relevant for a finding under URS 1.2.6.1., and in this case, the specific gTLD corresponds to one of the well-known activities of the Complainant. Examiner finds that Complainant has established the first element under URS 1.2.6.1(i).

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

Respondent has not filed a Response. Respondent does not have any affiliation, association or connection with the Complainant and has not been authorized by the Complainant to register the disputed domain name <sodexo.catering> or to use the Complainant’s registered SODEXO mark in any way. Examiner finds that the Complainant has established that Respondent has no rights or legitimate interests in <sodexo.catering>.

[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant

Complainant submits evidence that the domain name <sodexo.catering> resolves to a parking website offering for sale SODEXO domain names for different .gTLDs. The Respondent’s web site also offers registration services for domain names in general. It is apparent that Respondent had the internationally well-known company of Complainant in mind when registering the disputed domain name and that Respondent registered the domain name either with the purpose of selling it to Complainant or to a third party and prevent the Complainant from reflecting the mark in a corresponding domain name, as well to attract users to the Respondent’s web site for commercial gain. It is clear that Respondent registered and had been using the domain name <sodexo.catering> in bad faith. Examiner finds that Complainant has established the element under URS 1.2.6.3.

FINDING OF ABUSE or MATERIAL FALSEHOOD

The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:

The Complaint was neither abusive nor contained material falsehoods.

DETERMINATION

After reviewing the parties’ submissions, the Examiner determines that the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name(s) be SUSPENDED for the duration of the registration:

sodexo.catering

Vali Sakellarides
Examiner
Dated: October 20, 2014

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