{ "case_number": "CAC-UDRP-103033", "time_of_filling": "2020-04-27 09:52:27", "domain_names": [ "bollore.energy" ], "case_administrator": "Šárka Glasslová (Case admin)", "complainant": [ "BOLLORE " ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "MOODHYPE" ], "respondent_representative": "MOODHYPE", "factual_background": "The Complainant, the BOLLORE group was founded in 1822. Thanks to a diversification strategy based on innovation and international development, it 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\nIt is one of the 500 largest companies in the world. Its subsidiary BOLLORE ENERGY is a key player in oil distribution and oil logistics in France, Switzerland and Germany. BOLLORE ENERGY is the leading French independent distributor of domestic fuel, with a national market share over 15% and more than 600,000 customers.\r\n\r\nThe Complainant is the owner of several trademarks including the term “BOLLORE”, such as the international trademark registration for the mark BOLLORE (in stylization with a device) Reg. No. 704697 registered on December 11, 1998. \r\n\r\nThe Complainant also owns several trademarks “BOLLORE ENERGY”, such as the international trademark BOLLORE ENERGY (with a device) Reg. No. 1303490 registered on January 22, 2016.\r\n\r\nThe Complainant also owns the domain name , registered on July 24th, 1997.\r\n\r\nThe disputed domain name was registered on April 22, 2020 and points to a parking page with commercial links. \r\n", "other_legal_proceedings": "The Panel is not aware of other legal proceedings which are pending or decided and which relate to the disputed domain name. ", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\ni) The Complainant has rights in the mark BOLLORE (in stylization with a device) as international registration number 704697 registered on December 11, 1998 as well as the mark BOLLORE ENERGY (with a device) as international trademark registration number 1303490 registered on January 22, 2016. The disputed domain name is confusingly similar to the Complainant’s trademarks BOLLORE (in stylization with a device) and BOLLORE ENERGY (with a device) on the grounds that it incorporates the Complainant's marks in its entirety without any addition or deletion; and TLDs may typically be disregarded in the assessment under paragraph 4(a)(i) of the Policy when comparing disputed domain names and trademarks. \r\n\r\nii) The Respondent has no rights or legitimate interests in respect of the disputed domain name: the Respondent is not identified in the WHOIS database as the disputed domain name, and thus it is not commonly known by the disputed domain name; the Respondent is not related in any way with the Complainant; the Complainant does not carry out any activity for, nor has any business with the Respondent; neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark; the disputed domain name points to a parking page with commercial links; and it is not a bona fide offering of goods or services or legitimate non-commercial or fair use.\r\n\r\niii) Respondent has registered and is using the disputed domain name: i) the Complainant’s trademark BOLLORE is well-known and distinctive; ii) the new gTLD \".ENERGY” makes reference to the Complainant’s subsidiary BOLLORÉ ENERGY; iii) the Complainant is the owner of the trademark BOLLORE ENERGY; iv) the Respondent likely wanted to create confusion or a sense of association with the Complainant and its trademark; v) it is unconceivable that the Respondent chose to register the disputed domain name without the Complainant’s trademarks in mind at the moment of the registration of the disputed domain name; vi) the disputed domain name redirects to a parking page with commercial links; and vii) the Respondent has attempted to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademark for its own commercial gain.\r\n\r\nRESPONDENT:\r\n\r\ni) A domain name is not a brand; is not registered as a brand; and no trademark filing under bollore \/ bollore.energy is not previously registered as domain names.\r\n\r\nii) The Respondent is in the process of creation of an energy drink business with the disputed domain name; and domain names are allocated and managed in the general interest according to non-discriminatory and transparent rules, guaranteeing respect for freedom of communication, freedom to conduct business and intellectual property rights.\r\n\r\niii) A proposal has been sent to the BOLLORÉ GROUP for the purchase of the disputed domain name; and any proposal for the buyout of the domain names may be made before the site is set up and before the marketing of .\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": [ "Mr. Ho-Hyun Nahm, Esq." ], "date_of_panel_decision": "2020-05-15 00:00:00", "informal_english_translation": "The Complainant is the owner of several trademarks including the term “BOLLORE”, such as the international trademark registration for the mark BOLLORE (in stylization with a device) Reg. No. 704697 registered on December 11, 1998. \r\n\r\nThe Complainant also owns several trademarks “BOLLORE ENERGY”, such as the international trademark BOLLORE ENERGY (with a device) Reg. No. 1303490 registered on January 22, 2016.\r\n\r\nThe Complainant also owns the domain name , registered on July 24, 1997.\r\n", "decision_domains": { "BOLLORE.ENERGY": "TRANSFERRED" }, "panelist": null, "panellists_text": null }