{
    "case_number": "CAC-UDRP-103708",
    "time_of_filling": "2021-03-31 08:39:57",
    "domain_names": [
        "bollorelogistics.info"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOLLORE SE"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "BOLLORE LOGISTICS AUSTRALIA PTY LTD"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant states that it is one of the 500 largest companies in the world, and it was founded in 1822.The Complainant points out that it is listed on the Paris Stock Exchange and that it holds strong positions in Transportation and Logistics, Communication and Media, Electricity Storage and solutions.The Complainant underlines that the majority interest of the group's stock is controlled by the Bolloré family.The Complainant adds that the group also manages a number of financial assets including plantations and financial investments.The Complainant points out that its subsidiary BOLLORE LOGISTICS is one of the 10 leading worldwide transport and logistics companies. It adds that, with a presence on the five continents, BOLLORE LOGISTICS offers a large range of modular services extending across seven core categories: Multimodal Transport, Trade Compliance, Contract Logistics, Global Supply Chain, Industrial Projects, E-commerce, and Customer Value.The Complainant points out that it is the owner of several international trademarks containing the word “BOLLORE LOGISTICS”.\r\n\r\nThe Complainant adds that it is also the owner of number of domain names, like for example the domain name <bollore-logistics.com> registered on January 19, 2009.The Complainant observes that the disputed domain name was registered on March 14, 2021 and resolves to the BOLLORE LOGISTICS’ official website. The Complainant contends that the disputed domain name is identical to the trademark BOLLORE LOGISTICS, because the disputed domain name includes its trademark in its entirety.The Complainant contends that addition of the top-level domain ‘’.INFO” is not sufficient to escape the finding that the disputed domain name is identical to the Complainant's trademark and does not change the overall impression of the designation as being connected to its trademark.The Complainant contends that the Respondent is not affiliated with nor authorized by BOLLORE in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant states that it does not carry out any activity for, nor has any business with the Respondent.The Complainant adds that neither licence nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BOLLORE LOGISTICS, or apply for registration of the disputed domain name by the Complainant.The Complainant notes that the disputed domain name redirects to the BOLLORE LOGISTICS’ official website. The Complainant’s contends that the Respondent is not making a bona fide offering of goods or services by means of the disputed domain name, or a legitimate non-commercial or fair use of it.The Complainant considers that the Respondent has no rights or legitimate interests to the disputed domain name. The Complainant states that the disputed domain name is identical to its well-known and distinctive trademark and the associated domain name. The Complainant submits that all the Google results for the expression “BOLLORE LOGISTICS” refers to the Complainant’s subsidiary.The Complainant argues that in the WHOIS database the Respondent attempts to pass off as the Complainant's subsidiary in Australia BOLLORE LOGISTICS AUSTRALIA.The Complainant considers that, given the distinctiveness of the Complainant’s international trademark and its reputation, the Respondent has registered the disputed domain name in knowledge of the Complainant, which evidences bad faith.The Complainant adds that the disputed domain name redirects to the Complainant’s own official website and, due to this fact, it contends that the Respondent has knowledge of the Complainant’s rights prior to the registration of the disputed domain name, which is a hallmark of bad faith.The Complainant argues that the disputed domain name has been registered by the Respondent in an effort to take advantage of the good reputation Complainant had built up in its BOLLORE LOGISTICS trademarks, with the sole aim to create a likelihood of confusion with the Complainant’s trademarks and domain names.The Complainant contends that the disputed domain name was registered and is being used in bad faith.\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": "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 not 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": "As Complainant has failed to demonstrate that the second requirement is fulfilled, the Panel shall not examine the Complainant’s contentions with regard to registration and use in bad faith.",
    "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": "Rejected",
    "panelists": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2021-05-02 00:00:00",
    "informal_english_translation": "The Complainant is the registrant, among others, of the following trademarks:\r\n\r\n- international trademark registration No. 1025892 “Bolloré LOGISTICS\", registered on July 31, 2009, for goods and services in classes 35, 36 and 39; and\r\n\r\n- international trademark registration No. 1302823 “BOLLORÉ LOGISTICS\", registered on January 27, 2016, for goods and services in classes 4, 9, 35, 36, 39, 40 and 42.\r\n\r\nThe disputed domain name was registered by the Respondent on March 14, 2021.  ",
    "decision_domains": {
        "BOLLORELOGISTICS.INFO": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}