{
    "case_number": "CAC-UDRP-102089",
    "time_of_filling": "2018-08-01 08:24:00",
    "domain_names": [
        "pioneerinvestments.app"
    ],
    "case_administrator": "Sandra Lanczová (Case admin)",
    "complainant": [
        "Amundi Pioneer Asset Management USA, Inc."
    ],
    "complainant_representative": "Nameshield (Daria Baskova)",
    "respondent": [
        "anthony Zannini"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nAmundi Pioneer Asset Management USA, Inc. is the subsidiary of the AMUNDI group, Europe’s largest asset manager by assets under management and ranks in the top 10 globally. Thanks to the integration of Pioneer Investments in July 2017, it now manages over 1.4 trillion euros of assets across six investment hubs (please see their website: www.pioneerinvestments.com).\r\n\r\nThe Complainant relies on its extensive experience and close partnerships with wealth managers, distribution platforms, and retail networks in Europe, Asia-Pacific and North America to offer customized products, innovative services and value-added investment advice that best fit retail clients’ needs and risk profiles. Amundi is Europe's undisputed number one asset manager, with leadership positions in key continental markets: it is ranked n°1 in France, it is in the top 3 in Italy and Austria, and it is a premier international player in Germany. The integration of Pioneer Investments in July 2017 provides Amundi with enhanced distribution capabilities in North America and a full suite of management capabilities to better meet the needs of investors in Asia-Pacific and the Middle East.\r\n\r\nThe Complainant is the owner of the numerous trademarks for “PIONEER INVESTMENTS” over the world, including the European trademark No. 001125798 registered since June 2nd, 2000 and the European trademark No. 001879709, registered since February 26th, 2002.\r\n\r\nThe Complainant also owns several domain names consisting in the distinctive wording PIONEER INVESTMENTS®, such as <pioneerinvestments.us>, registered since February 23d, 2005.\r\n\r\nThe disputed domain name was registered on July 5th, 2018 and it refers to an inactive webpage.\r\n\r\nThe disputed domain name is identical to the Complainant’s trademark PIONEER INVESTMENTS®.\r\n\r\nMoreover, a Google search for the term “PIONEER INVESTMENTS” results in the multiple search results linked to the Complainant. Given the reputation and fame of the Complainant, as well as the prior registration of an almost identical official domain name by the Complainant, the Respondent was aware of the existence of the prior rights of the Complainant at the time of the registration of the disputed domain name. Furthermore, the choice of the new gTLD extension “app” is even likely to increase the likelihood of confusion with the Complainant’s trademark, since it suggests that the disputed domain name leads to mobile application of the Complainant.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.",
    "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).\r\n\r\nThe addition of the new gTLD extension \"app\" at the end of the domain name is not a sufficient element to escape the finding that the domain name is confusingly similar to the Complainant’s trademarks and domain names.",
    "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).\r\n\r\nThe Complainant contends that the Respondent is not affiliated with him nor authorized by him in any way to use its trademarks in a domain name or on a website. The Complainant does not carry out any activity for, nor has any business with the Respondent. \r\n\r\nFurthermore, the disputed domain name points to an inactive website since its registration. ",
    "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).\r\n\r\nGiven the distinctiveness of the trademark and the content of the website, it is clear that the Respondent registered the disputed domain name with knowledge of the Complainant and its trademarks.\r\n\r\nAll these elements lead to the conclusion that the Respondent has intentionally attempted to attract Internet users to the Respondent's website for commercial gain by creating a likelihood of confusion with the Complainant's trademarks as to the source, sponsorship, affiliation, or endorsement of such websites. ",
    "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. Vít Horáček"
    ],
    "date_of_panel_decision": "2018-08-27 00:00:00",
    "informal_english_translation": "The reputation of the Complainant's trademarks and domain names is self-evident and proved by the following documents:\r\n\r\n Evidence enclosed:\r\n\r\n - Complainant's trademarks\r\n - Complainant's domain names\r\n\r\nFurthermore Complainant's trademarks extensively registered around the world. ",
    "decision_domains": {
        "PIONEERINVESTMENTS.APP": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}