{
    "case_number": "CAC-UDRP-104125",
    "time_of_filling": "2021-11-02 09:32:37",
    "domain_names": [
        "vincentbolloré.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "BOLLORE SE"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Ciaran Canning"
    ],
    "respondent_representative": null,
    "factual_background": "",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nFirst, the disputed domain name <vincentbolloré.com> is confusingly similar to the Complainant’s trademark BOLLORE®. Indeed, the trademark BOLLORE® is included in its entirety. It is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP”. The Complainant also contends that addition of the surname “VINCENT” (in reference with the name of the Bolloré group’s CEO) and the generic Top-Level Domain suffix “.COM” does not change the overall impression of the designation as being connected to the Complainant’s trademark.\r\n\r\nSecond, the Respondent is not known as the disputed domain name in the Whois database, and has not acquired trademarks mark rights on this term. 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 does not carry out any activity for, nor has any business with the Respondent. Moreover, neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BOLLORE®, or apply for registration of the disputed domain name <vincentbolloré.com> by the Complainant. Also, the disputed domain name <vincentbolloré.com> redirects to parking page with commercial links. Past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use.\r\n\r\nThirdly, given the distinctiveness of the Complainant's trademarks and reputation, the Complainant contends that it is inconceivable that the Respondent could have registered the disputed domain name <vincentbolloré.com> without actual knowledge of Complainant's rights in the trademark. Furthermore, the disputed domain name resolves to a parking page with commercial links. The Complainant contends the Respondent has attempted to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is an evidence of bad faith.\r\n\r\nRESPONDENT:\r\nThe Respondent provided its explanation as follows: \r\n\"I legitimately purchased the domain on a legitimate website that sells domains (GoDaddy.com). My perspective on the situation, is that my actions were completely in line with the law and I've done nothing wrong. I purchased a domain that was openly available, as an investment, like what the majority of domains are in reality. I don't have anything more to add at this time, but I request the case is dropped and the domain that I legitimately purchased is unlocked and returned to me, the owner.\"",
    "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": [
        "Stephanie G. Hartung, LL.M."
    ],
    "date_of_panel_decision": "2021-11-17 00:00:00",
    "informal_english_translation": "The Complainant has evidenced to be the owner of the following International (IR) trademark registration:\r\n\r\n- Word-\/device mark BOLLORÉ, World Intellectual Property Organization (WIPO), Registration No.: 704697, Registration Date: December 11, 1998, Status: active, with protection for numerous countries worldwide.",
    "decision_domains": {
        "VINCENTBOLLORé.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}