1. The Panel finds that the disputed domain name is confusingly similar to the Complainant’s trademarks CREDIT AGRICOLE and CA CREDIT AGRICOLE, as it includes the trademarks in their entirety, with the mere addition of hyphens, generic terms and the Top-Level domain “.com” which, as stated in a number of prior decisions rendered under the UDRP, are not sufficient to exclude the likelihood of confusion. The added acronyms have a perceived descriptive maenings and they refer to the contactless payment services. The addition of generic terms does not create a domain name different from the cited registered trademarks (Cac Case 101402 Credit Agricole vs William Philippe).
2. The Complainant stated that the Respondent is not affiliated with or authorized by the Complainant in any way. There is no evidence of the fact that the Respondent might have been commonly known by the disputed domain name or by a name corresponding to the disputed domain name. According to the evidence on records, the Respondent has simply passively held the disputed domain name and has not submitted any evidence showing that it made use of, or demonstrable preparations to use, the disputed domain name in connection with a bona fide offering of goods or services, or that it has made a legitimate non-commercial or fair use of the disputed domain name. Therefore, and due to the absence of a Response, the Panel finds that the Complainant has made a prima facie case that the Respondent has no rights or legitimate interest in the disputed domain name.
The Respondent is neither a Complainant's Licensee not an authorised person. Mr Tahis is not known to be called or associated to Credit Agricole.
3. As to the bad faith at the time of the registration, the Panel finds that, in light of the distinctiveness of the Complainant’s trademarks CREdit agricole, with which the disputed domain name is confusingly similar, and of the prior registration and use of the Complainant’s trademarks, the Respondent was very likely aware of the Complainant and its trademarks at the time of the registration of the disputed domain name.
The disputed domain name has not been used in connection with an active website, i.e. has been passively held. As established in a number of prior cases, the concept of “bad faith use” in paragraph 4(b) of the Policy includes not only positive action but also passive holding, especially in cases of domain name registrations corresponding to distinctive and well-known trademarks (i.e. the landmark case Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003).
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