WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION BioMérieux v. Chy Dutex Case No. D2018-1763 1. The Parties

The Complainant is BioMérieux of Marcy L’Etoile, France, represented by Cabinet Plasseraud, France.

The Respondent is Chy Dutex of Uisken, United Kingdom of Great Britain and Northern Ireland. 2. The Domain Name and Registrar

The disputed domain name is registered with Internet Domain Service BS Corp (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 3, 2018. On August 3, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 6, 2018, the Registrar transmitted by email to the Center its verification response confirming that the 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 10, 2018. In accordance with the Rules, paragraph 5, the due date for Response was August 30, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 10, 2018.

The Center appointed Jonas Gulliksson as the sole panelist in this matter on September 13, 2018. 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 active within the field of microbiology, providing diagnostic solutions which determine the source of disease and contamination to improve patient health and ensure consumer safety. Furthermore, the Complainant is the holder of, inter alia, the international trademark registration for BIOMÉRIEUX, (registration number 912430), registered on January 3, 2007.

The disputed domain name was registered on June 16, 2018. The disputed domain name does not resolve to an active website. According to the Complaint, the disputed domain name was used for a fraudulent email scheme. 5. Parties’ Contentions A. Complainant

The Complainant is present in more than 150 countries, by means of its 43 subsidiaries around the world. In 2017, its revenues reached EUR 2.3 billion with 90% sales outside of France.

The disputed domain name is confusingly similar to the Complainant’s BIOMÉRIEUX trademark. The only difference between BIOMÉRIUX and the disputed domain name – the substitution of the letter “e” by the letter “a”- is a minor alteration. The present case is a case of so-called typosquatting.

The Respondent has no rights or legitimate interests in respect of the disputed domain name. The disputed domain name does not correspond to the name of the Respondent. The Complainant has not found that the Respondent is the holder of any trademark or trade name registrations corresponding to the disputed domain name.

To the best of the Complainant’s knowledge, the Respondent has not been known under the disputed domain name. The Complainant has not given the Respondent any permission to use the Complainant’s BIOMÉRIUEX trademark in any way.

The disputed domain name does not resolve to any active website. The Respondent is neither using the disputed domain name in connection with a bona fide offering of goods or services nor making a legitimate noncommercial or fair use of the disputed domain name.

The disputed domain name was