{
    "case_number": "CAC-UDRP-101834",
    "time_of_filling": "2018-01-15 08:58:33",
    "domain_names": [
        "credit-agricolecf-g3-enligne.com"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "Credit Agricole SA"
    ],
    "complainant_representative": "Nameshield (Maxime Benoist)",
    "respondent": [
        "Carla  banaios"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nCREDIT AGRICOLE S.A. (hereinafter the Complainant) is a leader in the retail banking field in France and is one of the largest banks in Europe. \r\n\r\nThe disputed domain name <credit-agricolecf-g3-enligne.com> was registered by the Respondent identified as “Carla banaios” from Mexico on January 3, 2018.\r\n\r\nThe disputed domain name has pointed to an inactive website since its registration. ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n1. The disputed domain name is confusingly similar to the Complainant's trademarks.\r\n\r\nThe Complainant states that the disputed domain name <credit-agricolecf-g3-enligne.com> is confusingly similar to its trademarks CREDIT AGRICOLE and its associated domain names.\r\n\r\nIndeed, the disputed domain name contains the Complainant’s registered and widely known trademark CREDIT AGRICOLE in its entirety. \r\n\r\nThe Complainant contends that the addition in the disputed domain name of the generic words “CF”, “G3”, and ENLIGNE (which is French for “ONLINE”) separated from the trademarks CREDIT AGRICOLE by hyphens, 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. \r\n\r\nIn support of this thesis the Complainant asserts and documents that numerous UDRP decisions have recognized that the addition of a generic term to a trademark does not create a new or different right to the mark nor diminish confusing similarity. \r\n\r\nThe Complainant further asserts that 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 names and trademarks. \r\n\r\n2. The Respondent does not have any rights or legitimate interest in the disputed domain name.\r\n\r\nThe Complainant contends that the Respondent is not affiliated with or 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 is not related in any way to the Complainant’s business. The Complainant does not carry out any activity for, nor has any business dealings with the Respondent.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s CREDIT AGRICOLE trademarks, or to apply for registration of the disputed domain name in the name of the Complainant.\r\n\r\nFurthermore, the disputed domain name points to an inactive website, and has done so since its registration, and this demonstrates a lack of legitimate interests in respect of the disputed domain name.\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\n3. The domain name has been registered and is being used in bad faith.\r\n\r\nGiven the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks. The Complainant also contends that the Respondent registered the disputed domain name with the intention of taking advantage of the Complainant's trademarks.\r\n\r\nMoreover, the Respondent has not demonstrated any activity in respect of the disputed domain name. Indeed, the disputed domain name has been inactive since its registration. \r\n\r\nThe Complainant states that the Respondent has registered the disputed domain name in order to prevent the owner of the trademark from using its trademark in a corresponding domain name.\r\n\r\nThe Complainant therefore finds that the Respondent has registered the disputed domain name in bad faith and has used the disputed domain name to attract Internet users to its website by creating a likelihood of confusion with the Complainant’s trademarks as to source, affiliation or endorsement, in the meaning of paragraph 4(b)(iv) of the Policy, and thus has acted in bad faith.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO 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": [
        "Dr.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2018-02-14 00:00:00",
    "informal_english_translation": "The Complainant is documented as the owner of several trademarks including the distinctive wording CREDIT AGRICOLE, such as the following registrations:\r\n\r\n- International registration “CA CREDIT AGRICOLE” no. 441714 registered since October 25,1978;\r\n- International registration CREDIT AGRICOLE no. 1064647 registered on January 4, 2011.\r\n\r\nCREDIT AGRICOLE S.A. is also the owner of domain names that include the same distinctive wording CREDIT AGRICOLE, such as <credit-agricole.com> registered on December 31, 1999.",
    "decision_domains": {
        "CREDIT-AGRICOLECF-G3-ENLIGNE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}