FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
A. The Complainant’s trademark “CREDIT AGRICOLE” is a widely known trademark. Panels have confirmed the notoriety of the trademark “CREDIT AGRICOLE”.
See WIPO case No. D2010-1683 Credit Agricole S.A. v. Dick Weisz
See WIPO case No. D2012-0258 Credit Agricole S.A. v. Wang Rongxi
B. Complainant’s contended main factual grounds:
According to the Complaint, Crédit Agricole SA is the leader in retail banking in France and one of the largest banks in Europe, which can be seen at its website “www.credit-agricole.com”.
Crédit Agricole SA owns several registered trademarks (word and word/figurative trademarks) which include the wording “Credit Agricole”. Submitted evidence: WIPO Madrid registration form.
Crédit Agricole SA also owns several domain names which include the wording “Credit Agricole”. Submitted evidence: Whois database registration form.
The Complainant states that the disputed domain name was registered on September 9th, 2013.
On October 9th, 2013 the Complainant sent a cease and desist letter to the e-mail address “abdellahsolo@gmail.com”. Submitted evidence: Cease and desist letter. The Complainant asserts that the stated e-mail address belongs to the Respondent. There was no response provided to the cease and desist letter.
On November 17th, 2013 the Complaint was submitted by the Complainant's authorised representative (Nameshield).
No Response was filed by the Respondent.
C. Complainant’s contended main legal grounds:
I. The Complainant alleges that the disputed domain name <creditagricolee.com> is confusingly similar to its registered IR trademarks.
Reasons forwarded:
The disputed domain name
- is phonetically, optically and conceptually similar,
- contains the Complainant’s registered trademark (CREDIT AGRICOLE) in its entirety,
Also, the addition of the letter “e” and the GTLD “.com” is not sufficient to escape the finding that the domain name is confusingly similar to its trademarks; it does not change the overall impression that the disputed domain is being connected to a trademark of “Crédit Agricole”; it does not avoid the likelihood of confusion between the disputed domain name <creditagricolee.com> and the Complainant, his trademark CREDIT AGRICOLE and his domain names associated.
II. The Complainant alleges further that the Respondent has no rights or legitimate interest in the disputed domain name.
Reasons forwarded:
The Respondent
- is not affiliated with Crédit Agricole, nor authorised by Crédit Agricole SA in any way,
- is not related in any way to the Complainant’s business,
- does not carry out any activity for the Complainant, nor has any business with the Complainant,
- did not provide response to the pending Complaint.
Also, the domain name displays no information (inactive website).
III. In additiion the Complainant alleges that the disputed domain name has been registered and is being used in bad faith.
Reasons forwarded:
The Complainant’s registered brands are well known; the domain name was only registered for the purpose of misleading and diverting inter-net traffic (typosquatting).
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