{ "case_number": "CAC-UDRP-101483", "time_of_filling": "2017-03-28 09:21:34", "domain_names": [ "AMUNDIPIONEER.COM" ], "case_administrator": "Aneta Jelenová (Case admin)", "complainant": [ "AMUNDI ASSET MANAGEMENT" ], "complainant_representative": null, "respondent": [ "Syed Hussain \/ Domain Management MIC " ], "respondent_representative": null, "factual_background": "The Complainant asserts and provides evidentiary documentation of the following facts, which are not contested by the Respondent.\r\n\r\nThe Complainant is a French company involved in the business of asset management. It was incorporated in 2010 by Crédit Agricole and Société Générale to regroup their activities of asset management and it is ranked among the 10 largest global asset management companies with over Euros 850 billion in assets under management.\r\n\r\nThe Complainant operates under the AMUNDI ASSET MANAGEMENT trade name and is registered owner of the International trademark \"AMUNDI\", registered in numerous countries worldwide, including the US where the Respondent is located. \r\n\r\nThe Complainant uses as its primary domain name to promote its activities and owns several other domain names, comprising the dominant component \"amundi\" associated with generic\/desriptive terms indicating its activities (e.g. asset management, capital investment, funds, etc.).\r\n\r\nAt the end of 2016 the Complainant announced the acquisition of the company Pioneer Investments from the Italian bank UniCredit. The disputed domain name was registered shortly after the announcement of the acquistion of Pioneer Investments by the Complainant and resolves to a parking page and is offered for sale.\r\n\r\nUnder the three requirements of the Paragraph 4(a) of the UDRP Policy the Complainant contends as follows.\r\n\r\nThe domain name is confusingly similar to the Complainant's protected trademark because it contains in its entirety the mark \"AMUNDI\" associated with the generic term \"PIONEER\", which is not sufficient to escape the finding of confusing similarity and even increases the likelihood of confusion due to the clear reference to the announced acquisition of the company Pioneer Investments by the Complainant. \r\n\r\nThe Complainant also contends that the Respondent lacks rights and legitimate interests in the domain name because it has no relationship with the Respondent and has not granted the Respondent with any authorization or licence to use the Complainant's trademark or register the disputed domain name. The disputed domain name was registered after the announcement of the acquisition of Pioneer Investments by the Complainant, hence, with full knowledge of the Complainant's trademarks and activities. Furthermore, the website associated with the domain name displays sponsered links related to the business of the Complainant and is offered for sale on the domain auction platform SEDO for the price of USD 2750.\r\n\r\nConcerning the registration and use of the disputed domain name in bad faith the Complainant contends the following cumulative circumstances:\r\n- the Respondent is using privacy or proxy registration services\r\n- the Respondent has registered and has been using a domain name confusingly similar with the well-known trademark of the Complainant\r\n- the Respondent has had constructive knowledge of the Complainant's activities, its trademark as well as its intention to acquire the company Pioneer Investments and, hence, the registration and use of the disputed domain name has been carried out with opportunistic bad faith\r\n- the Respondent has been found in various previous UDRP proceedings, containing similar facts, to have registered with opportunistic bad faith domain names containing well-known trademarks of third parties\r\n- the Repondent is attracting traffic to the website related to the domain name containing PPC links for commercial gain by creating confusing similarity with the Complainant's trademark\r\n- the Respondent's primary intention is to sell or otherwise transfer the domain name to the Complainant or to a competitor for valuable consideration in excess of its documented out-of-pocket expenses directly related to the domain name.\r\n\r\nThe Complainant, therefore, requests the transfer of the disputed domain name .", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate 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 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).", "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).", "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).", "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": [ "Avv. Ivett Paulovics" ], "date_of_panel_decision": "2017-05-05 00:00:00", "informal_english_translation": "The Complainant has proved to be owner of the International word trademark \"AMUNDI\", registered on September 24, 2009 in the Int. class (Nice Classification) 36, based on the French trademark no. 093654657 filed on June 4, 2009, designating under the Madrid Protocol Australia, Bahrein, the EU, Japan, Republic of Korea, Norway, Singapore, Turkey, the US, Switzerland, China, Egypt, Liechtenstein, Morocco, Monaco, Russian Federation, Ukraine, Vietnam.", "decision_domains": { "AMUNDIPIONEER.COM": "TRANSFERRED" } }