{ "case_number": "CAC-UDRP-101338", "time_of_filling": "2016-11-14 09:03:35", "domain_names": [ "creditagricole-sas.com" ], "case_administrator": "Aneta Jelenová (Case admin)", "complainant": [ "CREDIT AGRICOLE S.A." ], "complainant_representative": "Nameshield (Maxime Benoist)", "respondent": [ "OrangeWebsite.com" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant claims to be the leader in retail banking in France and one of the largest banks in Europe. First financing the French economy and major European player, it assists its clients' projects in France and around the world, in all areas of banking and trades associated with it: insurance management asset leasing and factoring, consumer credit, corporate and investment. It further results from the Complainant’s undisputed allegations that it owns several trademarks including the terms CREDIT AGRICOLE and is also the owner of a domain name portfolio, including the same terms. The disputed domain name was registered on 29 October 2016 and is currently not used in connection with an active website. \r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademarks CREDIT AGRICOLE and domain names associated, because it contains the Complainant’s registered and widely known trademark CREDIT AGRICOLE in its entirety. The Complainant contends that the addition of the generic word \"SAS\", in reference to the French Company legal form “Société par Actions Simplifiée”, at the end of the disputed domain name, separated from the Complainant’s trademark by a hyphen, and the use of the gTLD “.com”, are not sufficient elements to escape the finding that the disputed domain name is confusingly similar to the Complainant's trademarks and does not change the overall impression of the designation as being connected to the trademark CREDIT AGRICOLE. \r\n\r\nIn addition, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. In particular, the Complainant alleges that it does not know the Respondent and that the latter is not affiliated with or authorized to register the disputed domain name by CREDIT AGRICOLE S.A. in any way. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademarks CREDIT AGRICOLE, or apply for registration of the disputed domain names by the Complainant. Furthermore, the website to which the disputed domain name resolves, displays an inactive website with the text “the account has been suspended”. According to the Complainant, it has been suspended by the hosting provider following an abuse phishing report from the Complainant. \r\n\r\nAccording to the Complainant it is agreed that acts of phishing are known that does not constitute a bona fide offering of goods and services or a legitimate noncommercial or fair use. \r\n\r\nFurthermore, the Complainant finds that the Respondent has registered the disputed domain name in bad faith and has used the disputed domain name to attract Internet users on its website by creating a likelihood of confusion with the Complainant’s trademark as to source, affiliation or endorsement and thus acted in bad faith. In this regard, the Complainant contends that its trademarks CREDIT AGRICOLE are widely known and that past panels have confirmed the notoriety of these trademarks. Given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the domain names with full knowledge of the Complainant's trademarks. The disputed domain name is confusingly similar to the Complainant's trademarks CREDIT AGRICOLE. The addition of the term SAS in reference of the French Company legal form “Société par Actions Simplifiée” in the disputed domain name increases the confusion, because it refers to a possible official Company website of the Complainant. Moreover, according to the Complainant’s allegations, the website - to which the disputed domain name resolves - is inactive and has been suspended by the hosting provider following an abuse phishing report of the Complainant. According to the Complainant the Respondent is attempting to pass itself off as the Complainant by using its registered trademarks CREDIT AGRICOLE in violation of the Policy. Finally, the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use. The disputed domain name has also been registered in an effort to take advantage of the goodwill Complainant had built up in its CREDIT AGRICOLE trademarks, and to unduly benefit from creating a diversion of the internet users of the Complainant by pretending to be an official website of the Complainant. ", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings pending or decided between the same parties and relating to the Disputed Domain Name.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the 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).", "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 Name (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 Name has been registered and is 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": [ "Dr. Federica Togo" ], "date_of_panel_decision": "2016-12-19 00:00:00", "informal_english_translation": "The Complainant is the registered owner of many trademark registrations consisting of or containing the terms “CREDIT AGRICOLE”, in particular European Union word mark no. 006456974 filed on 13 November 2007 and registered on 23 October 2008 for goods and services in classes 9, 16, 35, 36, 38, 42. Moreover, it uses the domain name credit-agricole.com (created on 31 December 1999). The Complainant has also registered a number of further domain names containing the terms \"CREDIT AGRICOLE\", i.e. , , , , , , .", "decision_domains": { "CREDITAGRICOLE-SAS.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }