PARTIES' CONTENTIONS:
COMPLAINANT:
The Complainant contends that:
1. The disputed domain name is confusingly similar to the Complainant's trademarks
The Complainant contends that the disputed domain name <bollore-logistics-uk.com> is confusingly similar to the trademark BOLLORE LOGISTICS.
The Complainant further affirms that, the addition of the geographical term “UK” (which refers to the United Kingdom) and two dashes in the trademark is not sufficient to escape the finding that the domain name is confusingly similar to the trademark BOLLORE LOGISTICS. The extension GTLD “.com” does not serve to distinguish the disputed domain name from the BOLLORE LOGISTICS mark, which is the distinctive component of the domain name.
2. The Respondent does not have any rights or legitimate interest in the disputed domain name
The Complainant contends that the Respondent is not commonly known by the disputed domain name, but as “Kali Jim”, and that the Respondent is not affiliated with or authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and is not related to the Complainant’s business in any way. The Complainant does not carry out any activity for, nor has any business dealings with, the Respondent. Finally, the disputed domain name has pointed to an inactive website since its registration.
3. The disputed domain name has been registered and is being used in bad faith
The Complainant contends that owing to the renown of the Complainant’s trademarks, it can be presumed that the Respondent had actual knowledge of the Complainant’s distinctive trademarks.
The Complainant further contends that it is not possible to conceive of any plausible, actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as passing off, being an infringement of consumer protection legislation, or being an infringement of the Complainant’s rights under trademark law. In addition, the passive holding of the disputed domain name should be considered a use in bad faith.
RESPONDENT:
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.
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