I.
The Panel agrees that the Complainant‘s trademark “BOLLORE” is confusingly similar to the disputed domain name <HRBOLLOREMAILS.COM>.
Firstly, the disputed domain name incorporates the trademark “BOLLORE” of the Complainant, completely. Secondly, the Panel agrees with the view of the WIPO Panel in Case No. D2014-0556, Wim Bosman Holding B.V. v. Ipower, Inc that the prefix “hr” will likely be understood as the abbreviation for “Human Resources” in relation to a company like the Complainant. Further, the additional use of the suffix “mails” does not render the disputed domain name non-similar to the Complainant’s trademark. Particularly in the internet, the term “mails” is understood in a generic way. Further, as held in many other decisions of numerous Panels before, the use of a top-level-domain-name like “.com” shall be disregarded in this respect (e.g. CAC 101311, TEVAPHARMACEUTICALS.XYZ).
Therefore, the term “BOLLORE” is the only distinctive term within the disputed domain name.
Accordingly, the Panel concludes that the disputed domain name is confusingly similar to the Complainant’s trademark “BOLLORE”.
II.
In the absence of a compliant response of the Respondent, the Panel may draw such inferences therefrom as it considers appropriate. The Panel may accept the contentions of the Complainant as admitted by the Respondent.
The Complainant has presented proof that the Respondent has never used a website linked to the disputed domain name. Further, it seems that the Respondent has provided the Registrar with a wrong e-mail address, which was proven by the Complainant by a copy of the “who is” excerpt. Further, the Complainant has found no links of the Respondent to the disputed domain name. The Complainant argues that “no use” of any website renders prima facie proof that the Respondent lacks rights or legitimate interests in the disputed domain name.
Upon providing prima facie proof, of the Respondent’s lack of legitimate interests or rights in the disputed domain name, the burden of proof shifts to the Respondent. Due to the lack of any response of the Respondent, the Panel accepts the facts provided by Complainant as proven. Accordingly, the Panel holds that the Respondent has no such rights or legitimate interests in the disputed domain name.
III.
The Complainant has provided proof that the term “BOLLORE” is related to the Complainant by, inter alia, a respective Google search. As the Complainant has been established in 1822 and as its trademarks have been used and registered since, at least, 1992 and, further, as the Complainant is using, inter alia, the domain name <bollore.com> since 1997, it may well be argued and assumed that the Respondent has not registered the disputed domain name without knowing the Complainant’s trademark. This assumption is supported by the generic elements added to the term “BOLLORE” in the disputed domain name by the Respondent. The prefix “hr” will probably be understood as an abbreviation of “Human Resources”, which can well be associated with the Complainant. Further, the generic suffix “mails” adds to the assumption that the use of the disputed domain name may confuse the public as it invokes the impression that the disputed domain name is a domain name used by the Complainant to receive e-mails in human resources matters. The Complainant has also provided proof that its trademark “BOLLORE” has been confirmed as being distinctive in several ADR-decisions, such as CAC Case No. 101390 – BOLLORE v. Roy, <boll0re.com>.
Further, the lack of providing the domain name registrar with a proper e-mail address and the lack of using a website linked to the disputed domain name supports the impression that the Respondent does not make any proper use of the disputed domain name.
The Complainant further stated, the concept of the domain names “been used in bad faith” is not limited to positive action, but rather incorporates inaction. As held before (CAC 101311, TEVAPHARMACEUTICALS.XYZ), the Panel agrees. The Complainant has proven that its trademark is a distinctive one that has been used for many years. It further has proven that its company is one of the five hundred largest in the world. In such a case with no apparent connection between the disputed domain name and the trademark in question, the use of the trademark suggests opportunistic bad faith (CAC 101311, TEVAPHARMACEUTICALS.XYZ with further citations).
Therefore, the Panel holds the Respondent’s conduct to be the manifestation of registering and use of the disputed domain name in bad faith.
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