{
    "case_number": "CAC-UDRP-103283",
    "time_of_filling": "2020-09-15 09:31:04",
    "domain_names": [
        "cmso-espace.com",
        "mon-cmso.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "CREDIT MUTUEL ARKEA"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "jean pierre tripper"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a French banking, finance and insurance service group set up in 1975 with historical roots from the beginning of the 20’century. Today, with 19 regional business centers and 436 points of sales, its business activities focus mainly on French banking and insurance market.\r\n\r\nThe Complainant owns French trademarks consisting of the sign “CMSO” stating for CREDIT MUTUEL DU SUD-OUEST – one of the subsidiaries of the Complainant.\r\n\r\nThe Respondent is an individual named Jean Pierre Tripper, resident of Paris in France. Any other information is known about the Respondent.\r\n\r\nThe disputed domain names <mon-cmso.com> and <cmso-espace.com> (the “Domain Names”) were registered on August 11, 2020 and August 13, 2020 respectively and currently resolve to error pages.\r\n\r\nThe Complainant states that Respondent uses the disputed Domain Names to pass of the Complainant in order to phish for personal banking information of the Complainant’s clients.",
    "other_legal_proceedings": "No other legal proceedings which relate to the disputed domain names are known to the Panel.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe first question that arises is whether Complainant has rights in a trademark or service mark. The next question that arises is whether the Domain Names are identical or confusingly similar to Complainant’s trademark.\r\n\r\nThe Complainant claims rights in three French trademarks, from which two of them are registered as combined marks consisting of a string of letter “CMSO” accompanied by graphical elements and one of them is a word mark.\r\n\r\nThe Complainant claims that the Domain Names and the Complainant's registered trademarks CMSO are confusingly similar. Indeed, according to the Complainant, its trademarks are fully contained within the disputed Domain Names and differ only in additional word elements “mon” (referring to “my”) and “espace” (referring to “space”) which are descriptive and do not change the overall similar impression with the Complainant's French trademarks.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the Domain Names, or a name corresponding to the Domain Names (CMSO), nor that the Respondent has ever been making a bona fide offering of goods or services under such name. Moreover, the Complainant states that the Respondent has not been licensed or otherwise authorized to use any of the Complainant’s trademark nor to apply for or use any domain name incorporating such trademark.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states that the Respondent, located in France, could not be unaware of the Complainant rights over the name CMSO, which is well known in France and has been in used many years before the Domain Names ‘registration.\r\n\r\nMoreover, the Complainant underlines that the Domain Names were used in a phishing scheme, as the Responded attempted to pass off as the Complainant in order to get the Complainant’s clients logged in a web page identical to the Complainant’s subsidiary  customer access web page.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not respond to the Complaint.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed Domain Names are identical or confusingly similar to trademarks 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 Names (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 Names have been registered 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": [
        "JUDr. Hana Císlerová, LL.M."
    ],
    "date_of_panel_decision": "2020-10-28 00:00:00",
    "informal_english_translation": "The Complainant shows to be the owner of the following trademarks registered in France:\r\n\r\n- CMSO n°4323556 with priority date since December 19, 2016;\r\n\r\n- CMSO n°4320271 with priority date since December 6, 2016; and\r\n\r\n- CMSO n°4320276 with priority date since December 6, 2016.\r\n",
    "decision_domains": {
        "CMSO-ESPACE.COM": "TRANSFERRED",
        "MON-CMSO.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}