{
    "case_number": "CAC-UDRP-102202",
    "time_of_filling": "2018-10-22 09:40:39",
    "domain_names": [
        "usamundipioneer.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "AMUNDI ASSET MANAGEMENT"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        " Fundacion Comercio Electronico"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe Complainant states that it is a subsidiary jointly created in 2010 by Crédit Agricole and Société Générale to regroup their activities of asset management and is in the top 10 in Assets under Management worldwide.\r\n \r\nThe Complainant manages over 1.4 trillion euros of assets across six investment hubs.\r\n\r\nIt is the owner of international trademark No. 1398148 AMUNDI PIONEER, registration date – January 11, 2018 and is also the owner of several domain names that include the AMUNDI PIONEER trademark, such as <amundi-pioneer.com> and <amundipioneer.com>.\r\n\r\nThe disputed domain name was registered on October 15, 2018 and points to a parking page with commercial links.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark since it includes the Complainant's trademark in its entirety.\r\n\r\nThe Complainant contends that the addition of the term “US” (which is the abbreviation for the “United States”) and the gTLD extension “.com” are not sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant’s trademark.\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Respondent has no rights or legitimate interests in respect of the disputed domain name, and 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\nThe disputed domain name points to a parking page with commercial links (“PPC”) and this cannot be considered a bona fide offering of goods or services or legitimate non-commercial or fair use.\r\n\r\nTHE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH\r\n\r\nAccording to the Complainant, the Respondent could not have ignored the Complainant’s trademark at the moment of the registration of the disputed domain name, which cannot be a coincidence.\r\n\r\nA Google search on the term AMUNDI PIONEER provides several results, all of them being linked with the Complainant and the takeover of the company Pioneer Investments.\r\n\r\nThe similarity between the disputed domain name and the Complainant's trademark makes it highly implausible that Respondent's registration of a confusingly similar domain name was not an intentional effort to capitalize on or otherwise take advantage of the likely confusion with Complainant's trademark rights. \r\n\r\nThe Respondent deliberately decided to cause confusion and to deceive as to the affiliation, connection or association of the Respondent with the Complainant. In doing so, the Respondent has shown bad faith registration. \r\n\r\nPrevious panels have found a bad faith attempt to confuse and attract Internet users for commercial gain where a respondent displayed advertisements on its website.   ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\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": "2018-11-26 00:00:00",
    "informal_english_translation": "AMUNDI PIONEER (word), International Registration No.1398148, registered on January 11, 2018.\r\n",
    "decision_domains": {
        "USAMUNDIPIONEER.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}