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).
The disputed domain name <delubac-gestion.com> is confusingly similar to the Complainant’s trademark DELUBAC®. The trademark DELUBAC® is included in its entirety. Furthermore, the addition of the generic term “Gestion” (French word for “management”) that can be considered as generic or descriptive in relation to banking and financial activities. It is not sufficient to avoid the likelihood of confusion with the Complainant, its trademarks and domain names.
See WIPO Case No. D2018-2230 Crédit Industriel et Commercial v. Manager Builder, Builder Manager (“The disputed domain name incorporates the CIC trademark in its entirety. Numerous UDRP panels have recognized that incorporating a trademark in its entirety can be sufficient to establish that the disputed domain name is at least confusingly similar to a registered trademark (see e.g., PepsiCo, Inc. v. PEPSI, SRL (a/k/a P.E.P.S.I.) and EMS Computer Industry (a/k/a EMS), WIPO Case No. D2003-0696). Moreover, it has been held in many UDRP decisions and has become a consensus view among panelists (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 1.8), that where the relevant trademark is recognizable within the disputed domain name, the addition of other terms would not prevent a finding of confusing similarity under the first element of the UDRP. Accordingly, the addition of the term “banks”, which even is the English translation of the French term “banques” as it is reflected in Complainant’s CIC BANQUES trademark, does not avoid the confusing similarity arising from the incorporation of Complainant’s CIC trademark in the disputed domain name.”).
Moreover, the Panel concludes that the addition of the generic Top-Level Domain suffix “.COM” does not change the overall impression of the designation as being connected to the trademark DELUBAC®. It does not prevent the likelihood of confusion between the disputed domain names and the Complainant, its trademark and its domain names associated.
Thus, the domain name <delubac-gestion.com> is identical to the Complaint’s trademark DELUBAC®.
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