RUBIS ENERGIE v J.M. Turner, Engineering, Inc

WIPO Case No. D2025-3709

ARBITRATION
AND
MEDIATION CENTER

ADMINISTRATIVE PANEL DECISION

RUBIS ENERGIE v. J.M. Turner, Engineering, Inc.

Case No. D2025-3709

1. The Parties

The Complainant is RUBIS ENERGIE, France, represented by IP Twins, France.

The Respondent is J.M. Turner, Engineering, Inc., United States of America (“United States”).

2. The Domain Name and Registrar

The disputed domain name <rubis-ag.org> is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 12,
2025. On September 12, 2025, the Center transmitted by email to the Registrar a request for registrar
verification in connection with the disputed domain name. On September 12, 2025, 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 (Redacted for Privacy, Privacy service
provided by Withheld for Privacy ehf) and contact information in the Complaint. The Center sent an email
communication to the Complainant on September 15, 2025, 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 September 17, 2025.

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 September 18, 2025. In accordance with the Rules, paragraph 5, the due date for Response was October 8, 2025. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 10, 2025.

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The Center appointed Nayiri Boghossian as the sole panelist in this matter on October 17, 2025. 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 is a French company that operates in the field of energy. The Complainant owns trademark registrations for RUBIS, either alone or in combination with other words, such as the following:

- French Trademark Registration No. 4796792 for RUBIS ENERGIE, registered on December 31, 2021;
- United Kingdom Trademark Registration No. UK00002601489 for RUBIS (figurative), registered on March

9, 2012.

The Complainant owns the disputed domain names <rubis-ag.com> and <rubis-ag.fr>.

The disputed domain name was registered on August 31, 2025 and the evidence reflects that it has been used for sending an email impersonating an employee of the Complainant. The disputed domain name itself does not resolve to an active website.

5. Parties’ Contentions

A. Complainant

The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name.

Notably, the Complainant contends that the disputed domain name is confusingly similar to the
Complainant’s trademark. The disputed domain name contains the Complainant’s trademark RUBIS. The
addition of a generic term “ag” does not affect the appearance of the domain name. The Complainant’s
trademark is separated by a hyphen, which makes it easily identifiable. The letters “ag” stand for Antilles and
Guyane where the Complainant operates and thus increase the risk of confusion. The generic Top-Level
Domain (“gTLD”) “.org” should be ignored.

The Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. The Complainant did not authorize the Respondent to use its trademark. The Respondent has no contractual or commercial relationship with the Complainant. The Respondent does not seem to be commonly known by the disputed domain name. There is no evidence of a bona fide offering of goods or services.

The Complainant contends that the disputed domain name was registered and is being used in bad faith. It is very likely that the Respondent knew of the Complainant and its trademark. A simple online search would have revealed the Complainant and its trademark. The Complainant’s trademark was registered many years before the disputed domain name was created. The letters “ag” which stand for Antilles and Guyane where

the Complainant operates are another indication that the Respondent had the Complainant in mind when
registering the disputed domain name. The disputed domain name resolves to an error page and has been
used in a fraudulent scheme. An email was sent to a customer of the Complainant requesting payment to be
made to a bank account not used by the Complainant’s branch in Antilles Guyane. Also, the passive holding

doctrine applies in this case.

B. Respondent

The Respondent did not reply to the Complainant’s contentions.

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6. Discussion and Findings

A. Identical or Confusingly Similar

It is well accepted that the first element functions primarily as a standing requirement. The standing (or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison between the Complainant’s trademark and the disputed domain name. WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 1.7.

The Complainant has shown rights in respect of a trademark or service mark for the purposes of the Policy.
WIPO Overview 3.0, section 1.2.1.

The entirety of the mark is reproduced within the disputed domain name. Accordingly, the disputed domain name is confusingly similar to the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.7.

Although the addition of other terms here, “ag” may bear on assessment of the second and third elements, the Panel finds the addition of such term does not prevent a finding of confusing similarity between the disputed domain name and the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.8.

The Panel finds the first element of the Policy has been established.

B. Rights or Legitimate Interests

Paragraph 4(c) of the Policy provides a list of circumstances in which the Respondent may demonstrate rights or legitimate interests in a disputed domain name.

Although the overall burden of proof in UDRP proceedings is on the complainant, panels have recognized that proving a respondent lacks rights or legitimate interests in a domain name may result in the difficult task of “proving a negative”, requiring information that is often primarily within the knowledge or control of the respondent. As such, where a complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the burden of production on this element shifts to the respondent to come forward with relevant evidence demonstrating rights or legitimate interests in the domain name (although the burden of proof always remains on the complainant). If the respondent fails to come forward with such relevant evidence, the complainant is deemed to have satisfied the second element. WIPO Overview 3.0, section 2.1.

Having reviewed the available record, the Panel finds the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent has not rebutted the Complainant’s prima facie showing and has not come forward with any relevant evidence demonstrating rights or legitimate interests in the disputed domain name such as those enumerated in the Policy or otherwise.

The disputed domain name is used in connection with an email address and an email was sent impersonating an employee of the Complainant. This reflects an intention to impersonate the Complainant with the aim of phishing. Panels have held that the use of a domain name for illegal activity here, claimed phishing and impersonation/passing off, can never confer rights or legitimate interests on a respondent. WIPO Overview 3.0, section 2.13.1.

The Panel finds the second element of the Policy has been established.

C. Registered and Used in Bad Faith

The Panel notes that, for the purposes of paragraph 4(a)(iii) of the Policy, paragraph 4(b) of the Policy establishes circumstances, in particular, but without limitation, that, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith.

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In the present case, the Panel notes that the Respondent is using the disputed domain name in connection with an email address that is part of a fraudulent scheme. An email is sent to a customer replicating the name of the Complainant’s employee and requesting payment to be made into a new bank account.

Paragraph 4(b) of the Policy sets out a list of non-exhaustive circumstances that may indicate that a domain name was registered and used in bad faith, but other circumstances may be relevant in assessing whether a respondent’s registration and use of a domain name is in bad faith. WIPO Overview 3.0, section 3.2.1.

Panels have held that the use of a domain name for illegal activity here, claimed phishing and impersonation/passing off constitutes bad faith. WIPO Overview 3.0, section 3.4. Having reviewed the record, the Panel finds the Respondent’s registration and use of the disputed domain name constitutes bad faith under the Policy.

The Panel finds that the Complainant has established the third element 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 <rubis-ag.org> be transferred to the Complainant.

/Nayiri Boghossian/
Nayiri Boghossian
Sole Panelist
Date: October 24, 2025