WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Almacenes Éxito S.A v. Registration Private, Domains By Proxy, LLC Case No. DCO2018-0042 1. The Parties

The Complainant is Almacenes Éxito S.A of Envigado, Colombia, represented by Rengifo Abogados, Colombia.

The Respondent is Registration Private, Domains By Proxy, LLC of Scottsdale, Arizona, United States of America. 2. The Domain Name and Registrar

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

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 13, 2018. On December 14, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 15, 2018, the Registrar transmitted by email to the Center its verification disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amendment to the Complaint on December 20, 2018.

The Center sent an email communication to the Parties on December 18, 2018, regarding the language of the proceeding, as the Complaint has been submitted in Spanish and the language of the registration agreement for the disputed domain name is English. The Complainant submitted a translated Complaint on December 20, 2018. The Respondent did not reply to the Center’s notification.

The Center verified that the Complaint together with the amendment to the Complaint and the translated 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 January 3, 2019. In accordance with the Rules, paragraph 5, the due date for Response was January 23, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 24, 2019.

The Center appointed Reynaldo Urtiaga Escobar as the sole panelist in this matter on February 5, 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.

The proceeding is conducted in English, this being the language of the registration agreement for the disputed domain name, as advised by the Registrar. 4. Factual Background

The Complainant is a Colombian supermarket chain founded in 1949, operating across South America. It is present in Colombia with Grupo Éxito, in Brazil with Grupo Pão de Açúcar, in Uruguay with Disco and Devoto Groups and in Argentina with Libertad. In 2007, the Complainant was acquired by the French global food retailer Groupe Casino.

In 2010, the Complainant merged with the Colombian entity Carulla Vivero S.A., thereby incorporating the CARULLA mark into the Complainant’s trademark portfolio.

The Complainant owns several Colombian trademark registrations for CARULLA, the earliest of which is trademark registration No. 125530 filed February 21, 1986, and registered December 12, 1993, covering goods classified in international class 30.

On May 13, 2013, the Colombian Superintendence of Industry and Commerce (Colombia’s Trademark Office) found and declared the CARULLA mark to be notorious in Colombia with respect to “the grouping of diverse products included in international class 35, so that consumers can examine and buy them at their convenience” for a period running from 2007 through the second semester of 2012.

The Respondent registered the disputed domain name on July 5, 2017, but prior to that, the disputed domain name had been registered and was being held by the Complainant, which failed to renew it on time.

The disputed domain name has resolved, since the Respondent’s registration, to a copycat website of a competitor of the Complainant, and most recently to a homepage showing nothing but the picture of a cockroach. 5. Parties’ Contentions A. Complainant

The Complainant makes the following submissions:

(i) The CARULLA mark is used both to identify supermarkets in Colombia and to identify products characteristic of a supermarket,

(ii) The CARULLA mark is highly recognized within Colombia and enjoys a high degree of distinctiveness, both intrinsic and extrinsic, as it is an arbitrary mark,

(iii) The disputed domain name is phonetically and grammatically identical to the CARULLA marks owned by the Complainant,

(iv) The Respondent does not have a legitimate interest in the disputed domain name because the CARULLA mark is the exclusive property of the Complainant,

(v) To date, the Complainant has not granted any license to the Respondent to use the CARULLA mark,

(vi) The Respondent does not market any type of product or service under the disputed domain name but currently only uses the latter to publish a high-resolution image of a cockroach, which can be interpreted as a way of pressing the Complainant to purchase the disputed domain name,

(vii) The disputed domain name’s registration was made in bad faith since the Respondent does not carry out business in Colombia, for which country the “.co” extension of the disputed domain name is intended,

(viii) The disputed domain name used to redirect to the website of the Complainant’s competitor Supermercados Olímipica,

(ix) On July 11, 2017, the Respondent placed through the Registrar an offer to sell the disputed domain name for USD 250,000, a sum that exceeds the real value of the disputed domain name in the market,

(x) After receiving no response from the Complainant to its sale proposal for the disputed domain name, the Respondent published the image of a cockroach in high definition, thus showing that the Respondent registered the disputed domain name solel