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On-line ADR Center of the Czech Arbitration Court (CAC)

Panel Decision

§ 15 of the UDRP Rules (Rules), § 9 of the CAC’s Supplemental Rules (Supplemental Rules)

Case No.	101556
Time of Filing	2017-06-07 08:50:33
Disputed domain name	CIBSOCIETEGENERALE.COM

Case Administrator
Name	Iveta Špiclová

Complainant
Organization	SOCIETE GENERALE
Authorized Representative
Organization	Nameshield (Enora Millocheau)

Respondent
Name	Finba Trusty

Other Legal Proceedings
The Panel is not aware of any legal proceedings which relate to the disputed domain name.

Identification of rights
The Complainant is the proprietor of, inter alia, the following registered trademarks: International Trademark No. 430526 for SOCIÉTÉ GÉNÉRALE filed on 18 January 1977 EU Trademark No. 004620605 for a logo consisting principally of the words SOCIETE GENERALE filed on 5 September 2005 International Trademark No. 819196 for SG-CIB filed on 2 May 2003

Factual Background
The Complainant is a multinational bank based in France operating under the mark SOCIÉTÉ GÉNÉRALE. It has a subsidiary called Societe Generale Corporate & Investment Banking, which uses the marks Societe Generale CIB and SG-CIB. The disputed domain name does not resolve to an active website. The Complainant sent a cease and desist letter to the Respondent on 19 May 2017, but did not receive any reply.

Factual Background

The Complainant is a multinational bank based in France operating under the mark SOCIÉTÉ GÉNÉRALE. It has a subsidiary called Societe Generale Corporate & Investment Banking, which uses the marks Societe Generale CIB and SG-CIB.

The disputed domain name does not resolve to an active website.

The Complainant sent a cease and desist letter to the Respondent on 19 May 2017, but did not receive any reply.


No administratively compliant Response has been filed.

Rights
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).

No rights or legitimate interests
The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).

Bad faith
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).

Procedural Factors
The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.

Principal Reasons for the Decision
The disputed domain name is confusingly similar to the Complainant's trademarks. Many internet users would assume that it is a domain name used by the Complainant's subsidiary, Societe Generale CIB. The Respondent has not made any use or preparations to use the disputed domain name for any bona fide offering of goods or services or any fair or legitimate non-commercial use. It is not authorised by the Complainant to use the disputed domain name and is not commonly known by this name or any corresponding name. There is no other basis on which the Respondent could claim any rights or legitimate interests in the disputed domain name. Bad faith registration and use can be inferred from the fact that the disputed domain name must be intended to refer to the Complainant's subsidiary Societe Generale CIB and the absence of any bona fide use in connection with the Complainant's group.

Principal Reasons for the Decision

The disputed domain name is confusingly similar to the Complainant's trademarks. Many internet users would assume that it is a domain name used by the Complainant's subsidiary, Societe Generale CIB.

The Respondent has not made any use or preparations to use the disputed domain name for any bona fide offering of goods or services or any fair or legitimate non-commercial use. It is not authorised by the Complainant to use the disputed domain name and is not commonly known by this name or any corresponding name. There is no other basis on which the Respondent could claim any rights or legitimate interests in the disputed domain name.

Bad faith registration and use can be inferred from the fact that the disputed domain name must be intended to refer to the Complainant's subsidiary Societe Generale CIB and the absence of any bona fide use in connection with the Complainant's group.

Decision
For all the reasons stated above, the Complaint is	Accepted
and the disputed domain name(s) are to be
CIBSOCIETEGENERALE.COM	Transferred to the Complainant, Societe Generale SA

Panellists
Name	Jonathan Turner
Date of Panel Decision	2017-08-15

Publication of the Decision
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Dispute 101556

Panel Decision