Decision for dispute CAC-UDRP-103019

The Panel is not aware of any other legal proceedings pending or decided between the same parties and relating to the disputed domain name.

The Complainant is the owner of International trademark BOLLORE LOGISTICS with design elements no. 1025892 registered in various classes on July 31, 2009 and protected in a number of territories.

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:

It results from the Complainant’s undisputed allegations that it was founded in 1822 and operates in three sectors: transportation and logistics, communication and media, electricity storage and solutions. The Complainant is listed on the Paris Stock Exchange and is one of the 500 largest companies worldwide. Its subsidiary BOLLORE LOGISTICS is one of the 10 leading worldwide transport and logistics companies.

The Complainant contends that its trademark is well-known and distinctive.

In addition, the Complainant uses the domain name <bollore-logistics.com> registered on January 20, 2009 for its activity.

The disputed domain name <bollore-logisfics.com> was registered on April 13, 2020 and resolved to a parking page displaying sponsored links.

The Complainant further contends that the Respondent used the disputed domain name to pass itself off as a Complainant’s manager, i.e. the CEO of Bollore Logistic, to conduct a phishing scheme.

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.

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 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).

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).

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.

1. The Panel finds that trademark registration BOLLORE LOGISTICS with design elements prima facie satisfies the requirement that the Complainant show “rights in a mark” for further assessment as to confusing similarity, see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Jurisprudential Overview 3.0”) at point 1.10: “Panel assessment of identity or confusing similarity involves comparing the (alpha-numeric) domain name and the textual components of the relevant mark. To the extent that design (or figurative/stylized) elements would be incapable of representation in domain names, these elements are largely disregarded for purposes of assessing identity or confusing similarity under the first element”.

In addition, the Panel finds that the disputed domain name < bollore-logisfics.com > is confusingly similar to the Complainant’s trademark. In the case at issue the Complainant’s registered trademark is almost fully included in the disputed domain name. On this regard, it is the view of this Panel that the deletion of the consonant “t” between the letters “s” and “i” and its substitution by the consonant “f” results to be a common, obvious or intentional misspelling of Complainant’s trademark. The hyphen is irrelevant and to be disregarded for purposes of assessing confusing similarity. Thus, the disputed domain name contains sufficiently recognizable aspects of the relevant mark (see WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Jurisprudential Overview 3.0”) at point 1.9.

2. In the absence of any Response, or any other information from the Respondent indicating the contrary, the Panel further holds that the Complainant successfully presented its prima facie case and that the Respondent has no rights or legitimate interests in respect of the disputed domain name.

In particular, the Respondent is not affiliated with nor authorized by the Complainant in any way, and he is not related in any way to the Complainant’s business. In addition, the Respondent is not commonly known by the disputed domain name.

Finally, the website to which the disputed domain name resolved is a parking page displaying sponsored links and the Complainant provided evidence that the Respondent used the disputed domain name to pass itself off as one of the Complainant’s managers, i.e. the CEO of Bollore Logistic, to conduct a phishing scheme. Such use can neither be considered as bona fide offering of goods or services nor a legitimate non-commercial or fair use of the disputed domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue; see WIPO Jurisprudential Overview 3.0 at point 2.13: “Panels have categorically held that the use of a domain name for illegal activity (e.g. the sale of counterfeit goods or illegal pharmaceuticals, phishing, distributing malware, unauthorized account access/hacking, impersonation/passing off, or other types of fraud) can never confer rights or legitimate interests on a respondent”.

3. It is the view of this Panel that the Respondent has intentionally registered the disputed domain name which employs a misspelling of the Complainant’s trademark. By the time the disputed domain name was registered, it is unlikely that the Respondent did not have knowledge of the Complainant’s rights on its trademark. The Complainant also proved that the Respondent used the disputed domain name to pass itself off as one of the Complainant’s managers, i.e. the CEO of Bollore Logistic, to conduct a phishing scheme, so that the Panel is satisfied that the disputed domain name is used to intentionally attempt to attract, for commercial gain, Internet users to the Respondent's web site or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of the Respondent's web site or location, or of a product or service on the Respondent's web site or location. The finding of bad faith is confirmed by the fact that the Respondent failed to submit a response and that the domain name consists of a common, obvious, or intentional misspelling of the Complainant’s trademark, on this regard this Panel shares the view mentioned in WIPO Jurisprudential Overview 3.0 at point 1.9: “(..) panels will normally find that employing a misspelling in this way signals an intention on the part of the Respondent (typically corroborated by infringing website content) to confuse users seeking or expecting the Complainant”.

In addition, this Panel shares the view mentioned in WIPO Jurisprudential Overview 3.0 at point 3.1.4: “(..) “given that the use of a domain name for per se illegitimate activity such as the sale of counterfeit goods and phishing can never confer rights or legitimate interest on a respondent, such behaviour is manifestly considered evidence of bad faith”.