{
    "case_number": "CAC-UDRP-101739",
    "time_of_filling": "2017-10-20 11:21:05",
    "domain_names": [
        "enligne3-cf-g3credit-agricole.info"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "CREDIT AGRICOLE SA"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "CESAR  DENIRIO N\/A"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nCREDIT AGRICOLE S.A. is the leader in retail banking in France and one of the largest banks in Europe. First financing the French economy and major European player, CREDIT AGRICOLE S.A. 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. CREDIT AGRICOLE has more than 52 million of customers over 52 countries, and more than 11,100 banking agencies in the world.\r\n\r\nThe Complainant owns several trademarks including the distinctive wording CREDIT AGRICOLE the international registration number 1064647 registered since 2011-01-04.\r\n\r\nCREDIT AGRICOLE S.A. is also the owner of domain names, including the same distinctive wording CREDIT AGRICOLE, such as <credit-agricole.com> registered since 1999-12-31.\r\n\r\nThe disputed domain name was registered by the Respondent identified as “CESAR DENIRIO” on 2017-10-13.\r\nSince its registration, the disputed domain name is not used with an active website.",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings between the parties to this dispute or relating to the disputed domain name.",
    "no_response_filed": "COMPLAINANT:\r\n\r\nI. The Complainant states that the disputed domain name is confusingly similar to the trademarks CREDIT AGRICOLE, and its domain names associated. \r\n\r\nThe Complainant contends that the disputed domain name only differs from the CREDIT AGRICOLE trademark by the addition of the generic terms \"Enligne3\", “CF”, and “G3” after the trademark, separated by hyphens. UDRP decisions have also recognized that the addition of a generic terms associated to a trademark does not create a new or different right to the mark or diminish confusing similarity. \r\n\r\nThe disputed domain name was registered with the gTLD extension “.INFO”. It is well established that gTLDs may typically be disregarded in the assessment under paragraph 4(a)(i) of the Policy when comparing disputed domain name and trademark. Therefore, the use of the gTLD “.INFO” in the disputed domain name is irrelevant. \r\n\r\nAll these elements are not sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant's trademarks and linked to the Complainant. \r\n\r\nII. According the WhoIs information of the disputed domain name, Respondent is identified as “CESAR DENIRIO”.\r\n\r\nComplainant contends that the Respondent is not affiliated with nor authorized by CREDIT AGRICOLE S.A. in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and he is not related in any way to its business. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark CREDIT AGRICOLE, or apply for registration of the disputed domain name by the Complainant.\r\n\r\nFurthermore, the disputed domain name redirect to inactive website. The disputed domain name was used for phishing activities. Therefore, the Complainant notified the Hosting provider of the fraudulent behavior of Respondent.\r\n\r\nThe Complainant contends that the Respondent could not legitimately adopt other than for the purpose of creating an impression of an association with the Complainant. The disputed domain name therefore does not constitute a bona fide offering of goods and services or a legitimate non-commercial or fair use.\r\n\r\nThus, the Complainant contends that Respondent has no rights or legitimate interest on the disputed domain name. The Respondent has registered the disputed domain name only in order to create a likelihood of confusion.\r\n\r\nTherefore, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name.\r\n\r\nIII. The disputed domain name is confusingly similar to the Complainant's trademark CREDIT AGRICOLE®.\r\n\r\nThe Complainant states that its trademark CREDIT AGRICOLE is widely known. \r\n\r\nGiven the distinctiveness of the Complainant’s trademarks, the Complainant’s reputation all over the world, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademarks.\r\n \r\nThe disputed domain name has also been registered by the Respondent in an effort to take advantage of the good reputation Complainant had built up in its trademarks, with the sole aim to create a likelihood of confusion with the Complainant’s trademark and domain names.\r\n\r\nThe term CREDIT AGRICOLE is worldwide only known in relation with the Complainant and especially in Europe. \r\n\r\nFurthermore, the disputed domain name resolve to inactive website. It displays a blank page with the information “Not Found (404)”. \r\n\r\nIt seems inconceivable that the Respondent can use the disputed domain name without infringing the Complainant’s intellectual property rights, because the disputed domain name are too connected with the Complainant’s trademarks.\r\n\r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\nRESPONDENT: 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": [
        "Rodolfo Carlos Rivas Rea"
    ],
    "date_of_panel_decision": "2017-11-28 00:00:00",
    "informal_english_translation": "The Complainant owns several trademarks including the trademark “CREDIT AGRICOLE” with international registration number 1064647, registered since 2011-01-04.",
    "decision_domains": {
        "ENLIGNE3-CF-G3CREDIT-AGRICOLE.INFO": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}