{
    "case_number": "CAC-UDRP-101498",
    "time_of_filling": "2017-03-31 10:00:47",
    "domain_names": [
        "HR-BOLLORE-US.COM"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "BOLLORE SA"
    ],
    "complainant_representative": null,
    "respondent": [
        "Naquan  Riddick"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a French-based, multinational, family-owned group of companies, founded in 1822 and active in three main fields: Transportation and Logistics, Communication, Electricity Storage and solutions.\r\n\r\nEver since, the Complainant has become a very large enterprise with activities all around the world and thousands of employees.\r\n\r\nThe Complainant owns a significant portfolio of trademarks including the wording \"BOLLORE\", among which an international registration dating back to 1992. It also owns a multitude of related domain names, like <bollore.com> since July 25, 1997.\r\n\r\nThe Disputed domain name <HR-BOLLORE-US.COM> was registered on March 14, 2017 by the Respondent, as proven by a simple ICANN WhoIs search.",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings relating to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nTHE COMPLAINANT:\r\n\r\nThe Complainant contends that the Disputed domain name is confusingly similar to its BOLLORE trademark, as it fully incorporates this trademark. This last element is sufficient to support the finding that the Disputed domain name is confusingly similar to the Complainant's trademark. Indeed, the mere addition of the generic component “HR” (which refers to human resources within a company), as well as of the component “US” (which is the country code for the USA), before and after the Complainant’s trademark, respectively, does not change the overall impression of a most likely connection with the trademark BOLLORE of the Complainant. As to the gTLD “.com”, the Complainant suggests that it should be disregarded, as per the usual practice.  \r\n\r\nThe Complainant maintains that the Respondent lacks rights or legitimate interests in the Disputed domain name because the Complainant is not affiliated with nor has it ever authorised the Respondent to register its trademark as a domain name, the Complainant has never licensed its trademark to the Respondent, and because the Disputed domain name does not resolve to an active website since its registration. \r\n\r\nAccording to the Complainant, given the distinctiveness and reputation of the BOLLORE trademark, the Respondent registered the Disputed domain name with full knowledge of the Complainant's trademark in an intentionally designed way with the aim to create a likelihood of confusion with the Complainant’s trademarks and domain names, and this is evidence of the fact that the Disputed domain name was registered in bad faith.\r\n\r\nWith respect to use in bad faith, the Complainant points out that the Respondent has not actively used the domain name, which is considered as a clear indication of bad faith. According to the Complainant, the Respondent has passively held the Disputed domain name and in this way has prevented the Complainant from registering its trademark as a domain name. \r\nFor all these reasons, the Complainant concludes that the Respondent registered and used the Disputed domain name in bad faith.\r\n\r\n\r\nTHE RESPONDENT:\r\n\r\nThe Respondent did not file a response.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown that 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).\r\n\r\nThe Disputed domain name consists of the Complainant's trademark, written between a generic term and a geographical term. \r\n\r\nAs far as the gTLD \".com\" is concerned, it is generally recognized that top level domains do not have any bearing in the assessment of identity or confusing similarity, according to paragraph 4(a)(i) of the Policy.\r\n\r\nHence, the Panel is satisfied that the first requirement under the Policy is met.\r\n",
    "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\nSince proving a negative fact is almost impossible, Panelists in UDRP proceedings have generally agreed that it is sufficient for the Complainant to establish a prima facie case that the Respondent lacks rights or legitimate interests in the Disputed domain name to shift the burden of proof to the Respondent.\r\n\r\nIn the case at issue, the Complainant argued that it had never authorised the Respondent to register the BOLLORE trademark in a domain name, and that it had never licensed its trademark to the Respondent. \r\n\r\nFurthermore, the Disputed domain name does not resolve to an active website and therefore the Respondent cannot demonstrate any use of the Disputed domain name in connection with a bona fide offering of goods and services or a legitimate non-commercial or fair use of the Disputed domain name.\r\n\r\nFinally, there is no other evidence in the case file that could demonstrate that the Respondent has been commonly known by the Disputed domain name. \r\n\r\nIn view of the foregoing, the Panel is satisfied that the Complainant has established a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain name. In order to rebut the Complainant's arguments, the Respondent had the possibility to make his own defense. However, the Respondent has chosen not to file a Response.\r\n\r\nTherefore the Panel is satisfied that also the second requirement under the Policy is met.",
    "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\nAs far as registration in bad faith is concerned, given the reputation of the Complainant's trademark and the fact that the Disputed domain name fully incorporates this trademark, it is clear that, at the time of the registration of the Disputed domain name, the Respondent was well aware of the Complainant's trademark. The registration as domain name of a third party's well-known trademark with full knowledge of the fact that the rights over this trademark belong to a third party amounts to registration in bad faith.\r\n\r\nWith respect to use in bad faith, the Disputed domain name does not resolve to an active website. Lack of use of a domain name can amount to use in bad faith in some circumstances, such as when the complainant’s trademark has such a strong reputation that it is widely known, and when it is impossible to conceive any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate. These are exactly the circumstances that apply in the case at issue. The trademark BOLLORE enjoys wide and extensive reputation. Therefore it is impossible to conceive any plausible active use of the Disputed domain name that would be legitimate. This view is reinforced, when considering that the Complainant is one of the top 500 companies of the world.\r\n\r\nTherefore the Panel finds it clear that the Disputed domain name was used in bad faith. \r\n\r\nFor all circumstances mentioned above, the Panel is satisfied that also the third requirement under the Policy is satisfied.",
    "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": [
        "Sozos-Christos Theodoulou"
    ],
    "date_of_panel_decision": "2017-05-05 00:00:00",
    "informal_english_translation": "In these proceedings, the Complainant relies on the following trademarks:\r\n\r\n- Bolloré (device), International Registration No. 704697, filed on December 11, 1998, in the name of BOLLORE (the Complainant).  \r\n\r\n- BOLLORE (word), International Registration No. 595172, filed on August 14, 1992, in the name of BOLLORE PROTECTION (which belongs to the same group of companies as the Complainant).\r\n\r\n- BOLLORE (word), US Registration No. 4718821, filed on June 21, 2013 and granted on April 14, 2015, in the name of BOLLORE PROTECTION (which belongs to the same group of companies as the Complainant).\r\n\r\nIt is worth noting that, the Complainant owns many other trademarks in specific countries and in the EU, which have not been cited in these proceedings.",
    "decision_domains": {
        "HR-BOLLORE-US.COM": "TRANSFERRED"
    }
}