{
    "case_number": "CAC-UDRP-102025",
    "time_of_filling": "2018-05-28 09:51:19",
    "domain_names": [
        "bankamundi.com"
    ],
    "case_administrator": "Sandra Lanczová (Case admin)",
    "complainant": [
        "AMUNDI S.A."
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Daniel  Podaru"
    ],
    "respondent_representative": null,
    "factual_background": "The disputed domain name was registered on 19 May 2018.\r\n\r\nThe domain is currently not in use. ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant (\"AMUNDI\") is a subsidiary of the French companies \"Crédit Agricole\" and \"Société Générale\". The Complainant  was created in 2010. The Complainant claims to rank in the global top 10 of asset management companies, managing assets worth more than € 1.452 trillion worldwide. \r\n\r\nThe Complainant is the owner of several trademarks which include the term “AMUNDI”, such as the international registration n°1024160 AMUNDI registered since 24 September 2009.\r\n\r\nThe Complainant also owns several domain names which consist of the term \"AMUNDI\". \r\n\r\n1.The Complainant contends that the domain name <bankamundi.com> is confusingly similar to its registered trademarks AMUNDI and to its domain names. The Complainant argues that the addition of the term \"BANK\" does not neutralise or diminish the confusing similarity. On the contrary, the addition of the English word \"BANK\" increases the likelihood of confusion with the Complainant's trademarks and activity, since the word \"BANK\" refers to \"Crédit Agricole\", a well-know French bank and the majority shareholder of the Complainant. \r\n\r\n2. The Complainant further argues that the Respondent does not have any rights or legitimate interest in the disputed domain name. The Complainant contends that, according to the information available on the Whois database, the owner of the disputed domain name is “Contact Privacy Inc. Customer 1242698219. Since the Whois information of the Respondent is not similar to the disputed domain name, the Complainant concludes that the Respondent is not known by the disputed domain name. The Complainant confirms that the Respondent is not related in any way to the Complainant, and was not authorised by the Complainant to use its trademark \"AMUNDI\" or register the domain name. The Complainant emphasises that the disputed domain name has been inactive since its registration. The Complainant contends that the Respondent has no demonstrable plan to use the disputed domain name.\r\n\r\n3. The Complainant contends that the domain name has been registered and is being used in bad faith. The Complainant claims that its trademark \"AMUNDI\" is well­-known. The Complainant asserts that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks. The Complainant emphasises that the disputed domain name has been inactive since its registration. The Complainant furthermore claims that the incorporation of its famous mark into the disputed domain name, coupled with an inactive website, is evidence of bad faith registration and use. \r\n\r\nRESPONDENT:\r\n\r\nThe Respondent contends that he has recently registered the disputed domain name in good faith. The Respondent purports that the disputed domain name refers to \"Banka Mundi\", a Hindu deity. The Respondent claims that he is still building his website and will publish it when ready. The Respondent used a privacy service for the Whois records because he did not want to be spammed.\r\n\r\nThe Respondent claims that the complaint is abusive. The Respondent refers to the fact that the combination of letters “amundi”  is found in other words such as “baramundi”. The Respondent claims that the baramundi.com software company is a contra example to the “confusion” that the Complainant is claiming.",
    "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": [
        "Bart Van Besien"
    ],
    "date_of_panel_decision": "2018-06-19 00:00:00",
    "informal_english_translation": "",
    "decision_domains": {
        "BANKAMUNDI.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}