{ "case_number": "CAC-UDRP-103414", "time_of_filling": "2020-11-19 09:52:54", "domain_names": [ "bollore-ernegy.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "BOLLORE SE" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "Pierre David" ], "respondent_representative": null, "factual_background": "The following matters relating to the factual background to the dispute are asserted by the Complainant in the Complaint. \r\n\r\nThe Respondent has not filed a Response in the proceeding.\r\n\r\nThe Complainant is a prominent French company that is engaged predominantly in three industries, transportation and logistics, communications and media and electricity storage and solutions. It is a large company employing some 84,000 employees worldwide. It has a subsidiary, Bollore Energy, which is engaged in distribution and oil logistics in France, Switzerland and Germany.\r\n\r\nThe Respondent registered the domain name (“the disputed domain name”) on November 11, 2020, which is an obvious misspelling of the BOLLORE ENERGY trademark and caused it to resolve to a parking page carrying various commercial, electric and hybrid vehicular links which would naturally be interpreted by internet users as relating to goods and services in competition with those of the Complainant.\r\n\r\nThe Complainant has therefore filed this proceeding and requested that the disputed domain name be transferred to it.\r\n\r\n", "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": "CONTENTIONS OF THE PARTIES\r\n\r\nCOMPLAINANT\r\n\r\n\r\nComplainant made the following contentions.\r\n\r\n1. The Complainant is a French company engaged in transportation and logistics, communications and media and electricity storage and solutions. Its subsidiary Bollore Energy, is engaged in distribution and oil logistics in France, Switzerland and Germany.\r\n\r\n2. The Complainant is the owner of several trademarks, including an international trademark registration for BOLLORE ENERGY No. 1303490 (hereinafter referred to as \" the BOLLORE ENERGY trademark\").\r\n\r\n3. The Complainant is also the owner of numerous other trademarks that include the term BOLLORE such as:\r\n- The International trademark BOLLORE No.704697 registered on December 11, 1998.\r\n\r\n4. The Complainant has also registered several domain names, particularly , which resolve to websites used in the course of its business.\r\n\r\n5. The Respondent registered the disputed domain name on November 11, 2020 and caused it to resolve to a parking page carrying various commercial, electric and hybrid vehicular links.\r\n\r\n6. The disputed domain name is confusingly similar to the \"the BOLLORE ENERGY trademark\" as it incorporates the whole of the BOLLORE ENERGY trademark and makes only a minor spelling alteration to it, transposing two letters. That is an obvious case of typosquatting and it is obvious that the minor spelling alteration and the addition of generic top-level domain ”.com” do not negate the confusing similarity between the trademark and the domain name.\r\n\r\n7. Accordingly, the disputed domain name is confusingly similar to the Complainant's BOLLORE ENERGY trademark.\r\n\r\n8. The Respondent does not have any rights or legitimate interests in the disputed domain name.\r\n\r\n9. The Complainant contends that it is required to make out only a prima facie case that the Respondent lacks rights or legitimate interests in the domain name and that the onus of proof then moves to the Respondent to demonstrate that it has rights or legitimate interests in the domain name.\r\n\r\n10. The Respondent has no rights or legitimate interests in respect of the domain name as past panels have held that a respondent is not commonly known by a disputed domain name if the WHOIS information shows that the domain name holder is not similar to the disputed domain name. The Respondent is not the same as or similar to the disputed domain name as shown by the Whois database in the present case.\r\n\r\n11. The Respondent also has no rights or legitimate interests in respect of the domain name as it is not affiliated with nor authorized by the Complaint in any way to use the Complainant’s trademark in a domain name or in any other way and is not related in any way to the Complainant’s business.\r\n\r\n12. The disputed domain name is a typosquatted version of the Complainant's BOLLORE ENERGY trademark.\r\n\r\n13. The disputed domain name resolves to a parking page with competing commercial, electric and hybrid vehicular links which is not a bona fide offering of goods or services or a legitimate non-commercial or fair use.\r\n\r\n14. For all of these reasons, the Respondent has no rights or legitimate interests in respect of the disputed domain name.\r\n\r\n15. The foregoing propositions are all supported by prior UDRP decisions cited by the Complainant.\r\n\r\n16. The disputed domain name has been registered and is being used in bad faith. That is so for the following reasons.\r\n\r\n17. Because of the notoriety of the Complainant’s BOLLORE and BOLLORE ENERGY trademarks, it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant, its aforesaid trademarks and its rights in them.\r\n\r\n18. Moreover, the disputed domain name is confusingly similar to the BOLLORE and BOLLORE ENERGY trademarks and it is clear that the Respondent has no rights or legitimate interests in the domain name. All of those factors make it plain that the domain name has been registered and used in bad faith.\r\n\r\n19. The foregoing propositions are all supported by prior UDRP decisions cited by the Complainant.\r\n\r\n20. Accordingly, the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\n20. As the Complainant has made out all of the grounds specified in the Policy It follows that the Complainant is entitled to relief and the Panel should therefore order that the disputed domain name be transferred to the Complainant.\r\n\r\nRESPONDENT:\r\nThe Respondent did not file a Response.", "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 the UDRP were met and there is no other reason why it would be inappropriate to provide a decision.", "decision": "Accepted", "panelists": [ "The Hon. Neil Brown, QC" ], "date_of_panel_decision": "2020-12-22 00:00:00", "informal_english_translation": "The Complainant is the owner of several trademarks, including an international trademark registration for BOLLORE ENERGY No. 1303490 (hereinafter referred to as \" the BOLLORE ENERGY trademark\") registered on January 22, 2016.\r\n\r\nThe Complainant is also the owner of numerous other trademarks that include the term BOLLORE such as:\r\n- The International trademark for BOLLORE No. 704697 registered on December 11, 1998.\r\n\r\nThe Complainant has established its ownership of each of the foregoing trademarks by means of certificates of registration which the Panel accepts as evidence of the registrations and the Complainant's rights.\r\n\r\nIt has also registered several domain names, particularly , which resolve to websites used in the course of its business.\r\n", "decision_domains": { "BOLLORE-ERNEGY.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }