{ "case_number": "CAC-UDRP-101495", "time_of_filling": "2017-03-31 09:59:49", "domain_names": [ "BOLLORE-US.NET" ], "case_administrator": "Aneta Jelenová (Case admin)", "complainant": [ "BOLLORE SA" ], "complainant_representative": null, "respondent": [ "Jarry Blair" ], "respondent_representative": null, "factual_background": "As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Claimant (and supported by the documentary evidence submitted by the Claimant) and unchallenged by the Respondent:\r\n\r\n(a)\tThe Bolloré Group (to which the Complainant belongs) was founded in 1822, and provides services to its customers consisting in particular in transportation and logistics, communication and media, electricity storage and solutions. It is one of the 500 largest companies in the world and listed on the Paris Stock Exchange; \r\n\r\n(b)\tthe Complainant is the owner of the Complainant’s Trademarks;\r\n\r\n(c)\tthe Complainant owns various domain names including the same distinctive wording “Bollore”, of which the domain name has been registered since 25 July 1997;\r\n\r\n(d)\tthe Disputed domain name was registered on 13 March 2017; \r\n\r\n(e)\tunder the Disputed domain name there is no active website;\r\n\r\n(f)\tGoogle search on the term “Bollore” displays several results, all of them being related to the Complainant and its trademarks; and\r\n\r\n(g)\tthe Complainant has a strong worldwide presence, with many locations in the United States, such as Washington, Miami, Chicago or Los Angeles. \r\n\r\nThe Complainant seeks transfer of the Disputed domain name to the Complainant. ", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the Disputed domain name.", "no_response_filed": "The Parties' contentions are the following:\r\n\r\nTHE COMPLAINANT:\r\n\r\nIn addition to the above factual assertions, the Complainant also contends the following:\r\n\r\n(i)\tthe Disputed domain name is confusingly similar to Complainant’s Trademarks as it contains the denomination „Bollore“ and the additional element “US” is not sufficient to avoid confusing similarity. The top-level suffix in the Disputed domain name (i.e. the \".net\") must be disregarded under the identity \/ confusing similarity test as it is a necessary technical requirement of registration. \r\n\r\n(ii)\tThe Respondent is not known by or affiliated with the Complainant. Neither license nor authorization has been granted by the Complainant to the Respondent to use the Complainant’s Trademarks or apply for registration of the Disputed domain name. \r\n\r\n(iii)\tThe Panels have already confirmed the distinctiveness and reputation of the Complainant's Trademarks in cases of cybersquatting, in particular:\r\n- WIPO case no. D2016-2489 - BOLLORE v. Assiom SITTI – Newtek, \r\n- CAC case no. 101390 - BOLLORE v. Roy, \r\n- NAF case no. 1706884 - BOLLORE v. Cameron Jackson, \r\n- WIPO case no. D2016-1979 - BOLLORE v. Bollore, \r\n- WIPO case no. D2015-2113 - BOLLORE v. Pastel Nathaniel Karl-loic, \r\n- CAC case no. 101128 - BOLLORE v. Mbah Sylvester, Mr IT, \r\n\r\n(iv)\tThe Respondent has no rights or legitimate interests in respect of the Disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent. Furthermore, the disputed domain name points to an inactive website since its registration on 13 March 2017. \r\n\r\n(v)\tGiven the distinctiveness and reputation of the Complainant's Trademarks, and based on all the above facts, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks with the sole aim to create a likelihood of confusion with the Complainant’s trademark and domain names. The Respondent is thus making passive holding of the Disputed domain name and at the same time deprives the Complainant as the trademark owner of reflecting the Complainant’s Trademarks in the domain name. \r\n\r\nTHE RESPONDENT:\r\n\r\nThe Respondent did not provide any response to the complaint.", "rights": "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 Uniform Domain Name Dispute Resolution Policy (\"Policy\").\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".", "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 Disputed domain name (within the meaning of paragraph 4(a)(ii)of the Policy).\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".", "bad_faith": "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).\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".", "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": [ "Michal Matějka" ], "date_of_panel_decision": "2017-05-03 00:00:00", "informal_english_translation": "The Complainant is the registered owner of (i) international word trademark “BOLLORE”, reg. no. 595172, registered on 14 August 1992 for goods and services in classes 6, 9, 11, 12, 13, 19, 20, 37, 41 and 42 (ii) international figurative trademark “Bolloré”, reg. no. 704697, registered on 11 December 1998 for goods and services in classes 16, 17, 34, 35, 36, 38 and 39 and (iii) U.S. word trademark “BOLLORE”, reg.no. 85966177, registered on 14 April 2015 for goods and services in classes 6, 9 and 19 (“Complainant’s Trademarks”). \r\n\r\nThe Disputed domain name was registered on 13 March 2017.", "decision_domains": { "BOLLORE-US.NET": "TRANSFERRED" } }