{ "case_number": "CAC-UDRP-100916", "time_of_filling": "2015-01-23 13:03:25", "domain_names": [ "cm-bretagne.com", "cmb-clientfranc.com", "cmb-clienvip.com" ], "case_administrator": "Lada Válková (Case admin)", "complainant": [ "FEDERATION DU CREDIT MUTUEL DE BRETAGNE" ], "complainant_representative": "Nameshield (Anne Morin)", "respondent": [ "CORNIER (JONATHAN CORNIER)" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n\r\n CREDIT MUTUEL DE BRETAGNE is a federation of CREDIT MUTUEL. It is part of the group CREDIT MUTUEL ARKEA .It was founded in 1882. CREDIT MUTUEL is a major French bank, with headquarters in Strasbourg, in Alsace and it has 7.4 million customers.\r\n\r\n The Complainant is the owner of the trademarks CMB® and CREDIT MUTUEL DE BRETAGNE® particulars of which have been supplied and are set out hereunder.\r\n\r\n The disputed domain names , and were registered on December 12, 2014.They do not resolve to active websites.\r\n\r\n The Complainant alleges that the disputed domain names are confusingly similar to its trademarks and branded services CMB® and CREDIT MUTUEL DE BRETAGNE®, that the Respondent has no rights or legitimate interests in them and that they were registered and used in bad faith.The Complainant has adduced evidence to that effect.", "other_legal_proceedings": "None of which the Panel is aware.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n CREDIT MUTUEL DE BRETAGNE is a federation of CREDIT MUTUEL. It is part of the group CREDIT MUTUEL ARKEA.\r\n\r\n Founded in 1882, CREDIT MUTUEL is a major French bank, with headquarters in Strasbourg, in Alsace. It is currently run by Michel Lucas and Alain Fradin and has 7.4 million customers – roughly half of whom live in the Grand-Est.\r\n\r\n The Complainant is the owner of the trademarks CMB® and CREDIT MUTUEL DE BRETAGNE®.\r\n\r\n The disputed domain names , and were registered on December 12, 2014.\r\n\r\n The Complainant states that the disputed domain names , and are confusingly similar to its trademarks and branded services CMB® and CREDIT MUTUEL DE BRETAGNE® , as the disputed domain names contain the Complainant's trademark CMB®.\r\n\r\n The addition of the French generic terms \"client\", \"clien\", \"vip\" and \"franc\" (with spelling mistakes) does not change the overall impression of the designation as being connected to the Complainant's bank activity. Indeed, the domain names create a risk of confusion in the Internet users’ mind. The users can indeed believe that the disputed domain names will respectively resolve to a website belonging to the Complainant and dedicated to its clients.\r\n \r\n When a distinctive mark is paired with less distinctive terms, the combination will typically be found to be confusingly similar to the distinctive mark.\r\n\r\n Furthermore, the Complainant contends that the addition of the gTLD “.COM” is not sufficient to escape the finding that the domain names are confusingly similar to the trademarks CMB® and CREDIT MUTUEL DE BRETAGNE®. It does not avoid the likelihood of confusion between the disputed domain names , and and the Complainant and his trademarks CMB® and CREDIT MUTUEL DE BRETAGNE®.\r\n\r\nFinally, a Google search on the expression “CMB” or “CM BRETAGNE” provides several results, all of them being in relation with the Complainant.\r\n\r\n Accordingly, the disputed domain names are confusingly similar to the Complainant’s trademarks.\r\n \r\nSecondly, the Complainant submits that the Respondent does not have any rights or legitimate interests in the disputed domain name.\r\n \r\nThe Complainant is required to make out a prima facie case that the Respondent lacks rights or legitimate interests. Once such prima facie case is made, the Respondent carries the burden of demonstrating rights or legitimate interests in the domain names. If the Respondent fails to do so, the Complainant is deemed to have satisfied paragraph 4(a)(ii) of the UDRP.\r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by him in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the domain name and that he is not related in any way to the Complainant’s business.\r\n \r\nThe Complainant does not carry out any activity or have any business with the Respondent.\r\n\r\nAccording to the Whois information, the Registrant is \"Registrant Name: JONATHAN CORNIER Registrant Organization: CORNIER\" past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name.\r\n\r\n Moreover, the websites in relation to the disputed domain names , and are inactive and have been so since their registration. This information demonstrates that the Respondent has no legitimate interests in respect of the domain names.\r\n\r\n Indeed, the Respondent could not have used the disputed domain names without infringing the Complainant's intellectual property rights.\r\n\r\n Accordingly, the Respondent has no rights or legitimate interests in the disputed domain names.\r\n \r\nThirdly, the domain names have been registered and are being used in bad faith\r\n \r\n The Complainant’s trademarks CMB® and CREDIT MUTUEL DE BRETAGNE® are well-known, especially in France where the Respondent is domiciled.\r\n\r\nThus, given the distinctiveness of the Complainant's trademark and reputation, especially in France, the Respondent has registered the domain names with full knowledge of the Complainant's trademark and uses them for the purpose of misleading and diverting Internet traffic.\r\n\r\n Moreover, the disputed domain names , and contain the Complainant's trademark CMB® with spelling mistakes.\r\n\r\n Numerous panels have confirmed that the use of misspellings in domain names also indicates bad faith registration. Using misspellings of domain names in order to trick individuals into viewing unrelated websites is evidence of bad faith use of a domain name.\r\n\r\n Finally, the website in relation with the disputed domain name , and are inactive and have been so since their registration. Indeed, the Respondent could not have used the disputed domain name without infringing the Complainant's intellectual property rights.\r\n\r\n On these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain names in bad faith.\r\n\r\n The Complainant therefore requests for the transfer of the disputed domain names.\r\n \r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a Response in this matter.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Names are 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 Domain Names (within the meaning of paragraph 4(a)(ii)of the Policy).", "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the Domain Names have been registered and are 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.", "decision": "Accepted", "panelists": [ "The Hon. Neil Brown, QC" ], "date_of_panel_decision": "2015-03-02 00:00:00", "informal_english_translation": "The Complainant submits that it is the owner of the registered trademarks CMB® and CREDIT MUTUEL DE BRETAGNE®. In support of that claim, the Complainant tenders, in Exhibit 3, documents showing that it is the registered owner of :\r\n\r\n(a) Trademark number 1539019, for CREDIT MUTUEL DE BRETAGNE® applied for on June 30, 1989 with the French INPI, the Institut national de la propriété industrielle and currently registered; and \r\n\r\n(b) Trademark number 1539020 for CMB® applied for on June 30, 1989 with the French INPI, the Institut national de la propriété industrielle and currently registered.\r\n\r\nThe Respondent has not filed a Response and hence has not mounted any case against the Complainant having the rights alleged. The Panel notes that it is now well established that registered trademarks of the sort established by the Complainant satisfy the requirements of the Policy. The Panel therefore concludes that the Complainant has adequately demonstrated its rights in the CMB® and CREDIT MUTUEL DE BRETAGNE® marks pursuant to paragraph 4(a)(i) of the Policy.\r\n", "decision_domains": { "CM-BRETAGNE.COM": "TRANSFERRED", "CMB-CLIENTFRANC.COM": "TRANSFERRED", "CMB-CLIENVIP.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }