{
    "case_number": "CAC-UDRP-101974",
    "time_of_filling": "2018-04-25 09:21:31",
    "domain_names": [
        "bollorè.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOLLORE"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Adileo Barone"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant states that it was founded in 1822 and now holds strong positions in all its activities around three business lines: Transportation and Logistics, Communication and Media, Electricity Storage and solutions. \r\n\r\nThe Complainant is one of the 500 largest companies in the world and is listed on the Paris Stock Exchange. The Complainant adds that its group also manages a number of financial assets including plantations and financial investments. \r\n\r\nThe Complainant is the owner of several trademark registrations BOLLORE and various domain names.\r\nThe Respondent registered the disputed domain name on February 20, 2018. \r\n\r\nThe Respondent states in his response that Bollorè is a common last name in France and there was no bad faith behind the registration and use of the disputed domain name. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to the Complainant’s trademark as the change of the letter “é” by “è” and the generic Top- Level Domain (“gTLD”) suffix “.COM” does not change the overall impression of the designation as being connected to the Complainant’s trademark. \r\nThis represents a clear case of typosquatting and the disputed domain name contains an obvious misspelling of the Complainant’s trademark. \r\n\r\nAccording to the Complainant, the Respondent does not have any rights or legitimate interest in the disputed domain name. The Respondent is not affiliated with nor authorized by the Complainant in any way to use the trademark BOLLORE. The Complainant does not carry out any activity for, nor has any business with the Respondent. \r\n\r\nThe Complainant states that a domain name holder has no legitimate interest in the absence of credible evidence of use or demonstrable preparation of use of the domain name in connection with a bona fide offer products or services.\r\n \r\nThe Complainant claims that the disputed domain name has been registered and is being used in bad faith.\r\nThe change of the letter “é” by the letter “è” in the trademark is not sufficient to avoid the likelihood of confusion with its trademark. The disputed domain name represents a clear example of typosquatting, an activity which is considered evidence of bad faith by the consistent case law in domain name disputes. \r\n\r\nThe Complainant also adds that the disputed domain name redirects to a registrar parking page with commercial links in relation to the Complainant and believes that the Respondent has used the disputed domain name to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website and of products on its website.  \r\n\r\nRESPONDENT:\r\n\r\nThe Respondent provided a short response that can be summarized as follows:\r\n-\tBollorè is a common last name in France; \r\n-\tThe disputed domain name was not acquired with a bad faith purpose nor to damage the Complainant;\r\n-\tThe web site under the disputed domain is empty and does not refer to the Complainant; \r\n-\tThere are many registered trademarks “Bollore” and “Bollore” is a common last name\/company name.\r\n",
    "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": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2018-05-16 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant relies on the following trademarks:\r\n-\tInternational trademark registration No. 704697, \"Bolloré\" (device), registered on December 11, 1998, for goods and services in classes 16, 17, 34, 35, 36, 38, 39;\r\n-\tInternational trademark registration No. 595172, “\"Bolloré\" (word), registered on August 14, 1992, for goods and services in classes 06, 09, 11, 12, 13, 19, 20, 37,41 and 42.\r\nThe Panel notes, however, that the international trademark registration No. 595172 is owned by a different legal entity. This was also noted by one of the previous Panels (see CAC Case No. 101728). Since the Complainant did not explain the relationship between the Complainant and the company that owns the international trademark registration No. 595172, the Panel disregards this registration for the purpose of this proceeding. \r\n",
    "decision_domains": {
        "BOLLORè.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}