{
    "case_number": "CAC-UDRP-103034",
    "time_of_filling": "2020-04-29 09:35:14",
    "domain_names": [
        "bollorelogisticsdrc.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOLLORE "
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Whois Privacy Corp."
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nFounded in 1822, the Complainant is one of the largest companies in the world and holds strong positions in three principal business lines, namely transport and logistics, communication and media, and electricity storage and solutions. The Complainant has more than 80,000 employees worldwide, turnover of more than EUR 23 billion and operating income of more than EUR 1.3 billion.\r\n\r\nThe Complainant has a subsidiary named Bolloré Logistics, which is a leading global transport and logistics company with 20,600 employees, a presence on five continents and more than 600 offices in over 100 countries.  \r\n\r\nThe disputed domain name was registered on April 22, 2020, and is confusingly similar to the Complainant’s BOLLORÉ LOGISTICS registered trademark, which is included in its entirety together with the abbreviation “DRC” which refers to the Democratic Republic of the Congo. Neither this additional abbreviation nor the gTLD “.com” are sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant’s said trademark.\r\n\r\nThe Respondent has no rights or legitimate interests in the disputed domain name. The Respondent is not known as the disputed domain name. The Respondent is not affiliated with nor authorized by the Complainant in any way. The Respondent does not carry out any activity for, nor has any business with the Complainant and neither licence nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark or to apply for registration of the disputed domain name.\r\n\r\nThe disputed domain name resolves to a website featuring pictures and information related to the Complainant’s logistics and transport activities, which displays the Complainant’s registered trademark. The Respondent is attempting to pass itself off as the Complainant’s affiliate in the Democratic Republic of the Congo and is not using the disputed domain name in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use.\r\n\r\nPast cases under the Policy have affirmed that the Complainant’s mark, as incorporated in the disputed domain name, has a significant\/strong reputation, is of distinctive character and widely known. On the website associated with the disputed domain name, the Respondent identifies itself as “BOLLORE LOGISTICS DR CONGO”, confirming that it knew of the Complainant and its rights. Given the distinctiveness of the Complainant’s international trademark, the Respondent has registered the disputed domain name in the knowledge of the Complainant, which evidences bad faith. \r\n\r\nThe disputed domain name is being used for a website that passes the Respondent off as the Complainant’s affiliate in the Democratic Republic of the Congo. Thus by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant's trademarks as to the source, sponsorship, affiliation, or endorsement of the web site, which is evidence of registration and use in bad faith.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which 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": [
        "Andrew Lothian"
    ],
    "date_of_panel_decision": "2020-05-27 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following International registered trademarks:\r\n\r\nBolloré LOGISTICS, figurative\/word mark, registered on July 31, 2009 under number 1025892 in use classes 35, 36 and 39 and designated in respect of 10 territories. The mark has proceeded to grant in several of such territories.\r\n\r\nBOLLORÉ LOGISTICS, figurative\/word mark, registered on January 27, 2016 under number 1302823 in use classes 4, 9, 35, 36, 39, 40 and 42 and designated in respect of 41 territories. The mark has proceeded to grant in the majority of such territories.",
    "decision_domains": {
        "BOLLORELOGISTICSDRC.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}