{
    "case_number": "CAC-UDRP-102275",
    "time_of_filling": "2018-12-20 15:11:03",
    "domain_names": [
        "earthtalentbybollore.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "BOLLORE"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "gazanfer yaman"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant states that the Bolloré group, which is one of the 500 largest companies in the world, was founded in 1822. \r\n\r\nThe Complainant points out that it is listed on the Paris Stock Exchange and that it holds strong positions in Transportation and Logistics, Communication and Media, Electricity Storage and solutions.\r\n\r\nThe Complainant underlines that the majority interest of the group's stock is controlled by the Bolloré family. \r\n\r\nThe Complainant adds that the group also manages a number of financial assets including plantations and financial investments. \r\n\r\nThe Complainant submits that \"Earthtalent by Bolloré\" is an international-scale collaborative program, put forward by the Bolloré group's employee, to support solidarity projects contributing to local development.\r\n\r\nThe Complainant points out that it is the owner of several international trademarks containing the word “BOLLORE”, as well as various trademarks “Earth Talent”. \r\n\r\nThe Complainant adds that it is also the owner of number of domain names that contain the distinctive word “BOLLORE”, including the domain name <bollore.com>, registered on July 25, 1997. The Complainant submits that it is also the owner of various domain names “earthtalent”, including the domain names <earthtalent.org> and <earthtalent.net>, both registered on July 24, 2008.\r\n\r\nThe Complainant observes that the disputed domain name refers to the Registrar landing page.\r\n\r\nThe Complainant argues that the disputed domain name is confusingly similar to its trademarks, in particular the trademark “BOLLORE”, because it is well established that a domain name that wholly incorporates a Complainant's registered trademark may be sufficient to establish confusing similarity for the purposes of the UDRP\r\n\r\nThe Complainant contends that the Respondent does not have any rights or legitimate interest in the disputed domain name.  \r\n\r\nThe Complainant observes that it is required to make out a prima facie case that the Respondent lacks rights or legitimate interest and, once such prima facie case is made, the Respondent carries the burden of demonstrating rights or legitimate interests in the disputed domain name. The Complainant adds that if the Respondent fails to do so, the Complainant is deemed to have satisfied paragraph 4(a) (ii) of the Policy.\r\n\r\nThe Complainant argues that the Respondent is not known as “earthtalentbybollore”, but has a completely different name. \r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by it in any way. \r\n\r\nThe Complainant states that it does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe Complainant underlines that neither licence nor authorization has been granted to the Respondent to make any use of the Complainant’s trademarks.\r\n\r\nThe Complainant points out that it has never delegated the Respondent to apply for registration of the disputed domain name on behalf of the Complainant.\r\n\r\nThe Complainant observes that the fact that the disputed domain name refers to the Registrar landing page confirms that the Respondent has no demonstrable plan to use the disputed domain name.\r\n\r\nThe Complainant submits that, given the distinctiveness and reputation of the Complainant's trademark, the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark.  \r\n\r\nThe Complainant asserts that, under the doctrine of the passive holding, the Respondent has registered and is using the disputed domain name in bad faith.\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the disputed domain name.",
    "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).",
    "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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2019-01-24 00:00:00",
    "informal_english_translation": "The Complainant is the registrant of the international trademark registration No. 704697, “Bolloré”, registered on December 11, 1998, for goods and services in classes 16, 17, 34, 35, 36, 38, 39.\r\n\r\nThe Complainant is also the registrant of the EU trademark registration No. 12998852, “earthtalent”, registered on November 7, 2014, for goods and services in classes 16 35, 36, 41, 45.\r\n\r\nThe disputed domain name was registered by the Respondent on December 14, 2018",
    "decision_domains": {
        "EARTHTALENTBYBOLLORE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}