WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Edenred v. See PrivacyG, Domain Administrator / Mark Jones Case No. D2018-2607 1. The Parties

The Complainant is Edenred of Malakoff, France, represented by Dreyfus associés, France.

The Respondent is See PrivacyG, Domain Administrator of Phoenix, Arizona, United States of America / Mark Jones of Auckland, New Zealand. 2. The Domain Name and Registrar

The disputed domain name is registered with NameSilo, LLC (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 14, 2018. 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 November 14, 2018, 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 November 21, 2018, 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 November 26, 2018.

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 November 28, 2018. On November 30, 2018, however, the Complainant requested a suspension of the proceedings. On January 29, 2019, the Center received notification from the Complainant that it wished to reinstitute the proceedings. In accordance with the Rules, paragraph 5, the due date for Response was February 16, 2018. The Center received various email communications from the second-named Respondent1 in the period between November 21, 2018, and February 19, 2019. Following receipt of the Respondent’s communication on February 19, 2019, the Center informed the Parties of the Commencement of Panel Appointment Process.

The Center appointed Warwick A. Rothnie as the sole panelist in this matter on February 28, 2019. 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 provides what it calls transactional solutions. One of its solutions is a meal voucher or card system known as “Ticket Restaurant”.

The first “Ticket Restaurant” meal vouchers were introduced to the market in France in 1962. It became an officially recognised employee benefit by governmental decree in 1967. Beginning in 1976, the concept was exported to other countries. According to the Complaint, the “Ticket Restaurant” system is now used in 30 countries around the world by millions of employees, including in the United Kingdom.

In the United Kingdom, the Complainant’s “Ticket Restaurant” service is made available through its website at . The domain name redirects to that website. The “Ticket Restaurant” card can be used at thousands of restaurants and food outlets in the United Kingdom. It may also be used to buy groceries in supermarket chains such as Tesco, Sainsbury, Waitrose, and ASDA, amongst others.

The Complainant is the owner of numerous registered trademarks for a stylised form of TICKET RESTAURANT with a device element of disc or ball. The registrations include:

(a) French Registered Trademark No. 033234240, which was registered on July 2, 2003, in respect of goods and services in International Classes 9, 16, 35, 36, 39, 41, 42, 43, and 44,

(b) International Registration No 822486, which was registered on December 30, 2003, in respect of goods and services in International Classes 9, 16, 35, 36, 39, 41, 42, 43, and 44, and designating Algeria, Australia, Austria, China, Croatia, the Czech Republic, Egypt, Germany, Hungary, Ireland, Kazakhstan, Serbia, Spain, Switzerland, and the United Kingdom,

(c) French Registered Trademark No. 4046919, which was registered on November 14, 2013, in respect of goods and services in International Classes 9, 16, and 36, and

(d) United Kingdom Registered Trademark No. UK00003112648, which was filed on June 10, 2015, and entered on the register on September 18, 2015, in respect of goods and services in International Classes 9, 35, 36, and 42.

The Complainant held the disputed domain name until August 2017. The circumstances in which it ceased to be registered in the Complainant’s name are not clear.

From around September 2017, the disputed domain name was held by JGUK Ltd. The WhoIs details included a notice advertising that the disputed domain name was for sale at a price of USD 5,177. The disputed domain name resolved to a parking page at which pay-per-click (“PPC”) advertisements for services competitive with the Complainant were displayed.

After correspondence between the Complainant’s representatives and JGUK Ltd (in which offers to sell the disputed domain name ranging from USD 2,500 to USD 250,000 were elicited), the disputed domain name was transferred into the name of the First-named Respondent on August 26, 2018. The disputed domain name continued to resolve to a parking page with PPC links. 5. Discussion and Findings

Paragraph 4(a) of the Policy provides that in order to divest the Respondent of the disputed domain name, the Complainant must demonstrate each of the following:

(i) the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights, and

(ii) the Respondent has no rights or legitimate interests in respect of the disputed domain name, and

(iii) the disputed domain name has been registered and is being used in bad faith.

Paragraph 15(a) of the Rules directs the Panel to decide the complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable. A. Identical or Confusingly Similar

The first element that the Complainant must establish is that the disputed domain name is identical