{
    "case_number": "CAC-UDRP-103359",
    "time_of_filling": "2020-10-23 09:23:45",
    "domain_names": [
        "bollores-energys.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "BOLLORE SE"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "traore"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is the owner of a trade marks for BOLLORE and BOLLORE ENERGY including International Trademark, registration number 704697, for BOLLORE in classes 16, 17, 34, 35 and 36, registered on December 11, 1998, and International Trademark, registration number 1303490, for BOLLORE ENERGY, in  classes 1, 4, 7, 9 11, 35, 36, 37,39, 40 and 42, registered on January 22, 2016.  ",
    "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.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s BOLLORE ENERGY trade mark. The addition of the letter “s” on two occasions and a hyphen is not enough to prevent the disputed domain name from being found confusingly similar to the Complainant’s BOLLORE ENERGY trade mark.  \r\n\r\nThe Respondent has no rights or legitimate interests in respect of the disputed domain name. There is no information which suggests that the Respondent is commonly known by the disputed domain name, the Respondent is not affiliated with, nor authorised by, the Complainant in any way.  No licence or authorisation has been granted to the Respondent to make use of the Complainant’s BOLLORE ENERGY trade mark. Moreover, the website related to the disputed domain name is inactive. Therefore, the Respondent has not made any use of the disputed domain name since registration and has no demonstrable plan to use it.\r\n\r\nThe disputed domain name has been registered and is being used in bad faith.  In view of the fame of the Complainant, it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant’s rights in the trade mark. Moreover, the misspelling of the Complainant’s BOLLORE ENERGY trade mark is intentional, namely to ensure that the disputed domain name is confusingly similar to the Respondent’s trade mark and this is recognised as bad faith. Furthermore, the disputed domain name resolves to an inactive web page. The Respondent has not demonstrated any activity in respect of the disputed domain name and it is not possible to conceive of any plausible actual or contemplated use of the disputed domain name that would not be illegitimate. Any email use of the disputed domain name could not conceivably be in good faith – see; JCDECAUX SA v Handi Hariyono, CAC Case No. 102827. The Respondent has registered and used the disputed domain name in bad faith in order to create a likelihood of confusion with the Complainant’s trade mark as to the source, sponsorship affiliation or endorsement within the meaning of paragraph 4(b)(iv) of the Policy and thus acted in bad faith. \r\n\r\nThe Respondent’s activities comprise typosquatting, which has been established to constitute bad faith. The fact that the disputed domain name is not being used does not prevent a bad faith finding, not least if active MX records are associated with it; see  JCDECAUX SA, (supra).  \r\n\r\nRESPONDENT: No Response has been filed by the Respondent",
    "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": [
        "Antony Gold"
    ],
    "date_of_panel_decision": "2020-11-24 00:00:00",
    "informal_english_translation": "The Complainant is the owner of a trade marks for BOLLORE and BOLLORE ENERGY including International Trademark, registration number 704697, for BOLLORE in classes 16, 17, 34, 35 and 36, registered on December 11, 1998, and International Trademark, registration number 1303490, for BOLLORE ENERGY, in  classes 1, 4, 7, 9 11, 35, 36, 37,39, 40 and 42, registered on January 22, 2016.  ",
    "decision_domains": {
        "BOLLORES-ENERGYS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}