{
    "case_number": "CAC-UDRP-104106",
    "time_of_filling": "2021-10-29 09:09:40",
    "domain_names": [
        "arkea-financial.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "CREDIT MUTUEL ARKEA"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "IRINA NORA"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a French cooperative and mutual banking and insurance group.\r\n\r\nCreated originally in 1911 in Brittany, the Central Office of the Complainant succeeded in federating all the mutualist, cooperative and social works of the department before meeting the multiple needs of farmers in the fields of credit, insurance and vocational training. In 2002, the federations of Crédit Mutuel de Bretagne (CMB) and Crédit Mutuel du Sud-Ouest (CMSO) and the forty or so specialised subsidiaries formed a group that took the name CREDIT MUTUEL ARKEA.\r\n\r\nThe Complainant owns trademarks and domain names, all of them characterised by the presence of the distinctive terms \"ARKEA” and “CREDIT MUTUEL ARKEA\".\r\n\r\nThe disputed domain name was registered on 17 October 2021, well after the registration of the Complainant's ARKEA Trademark, by Irina Nora, an individual located in Benin.\r\n\r\nThe disputed domain name resolves to a website offering financial services such as consumer or personal loans, that compete with the services offered by the Complainant.\r\n\r\nThe facts asserted by the Complainant are not contested by the Respondent.",
    "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\nThe Complainant contends that the disputed domain name is confusingly similar to the Complainant’s trademark, because it reproduces the term “ARKEA” with the mere addition of the generic term “FINANCIAL” and a hyphen.\r\n\r\nThe Complainant contends that the Respondent has nothing to do with the Complainant, nor has been authorised or licensed to use the ARKEA Trademark or to register or use the disputed domain name. The disputed domain name does not correspond to the Respondent's name, nor is this latter commonly known by the disputed domain name. Since the disputed domain name resolves to a website promoting financial services and, thus, competing with the services offered by the Complainant, there is no fair or non-commercial use of the disputed domain name.\r\n\r\nFinally, the Complainant contends that, given the distinctiveness and reputation of the ARKEA Trademark, it is unlikely that the Respondent had no knowledge of the Complainant's trademark when he had registered the disputed domain name. The Complainant has submitted the results of a Google search and alleges that the term “ARKEA” does not have any signification, except in relation with the Complainant. The addition of the generic term “FINANCIAL” to the Complainant’s mark cannot be coincidental, as it directly refers to the Complainant's activities. Hence, according to the Complainant, it is most likely that the Respondent registered the disputed domain name having in mind the Complainant and the ARKEA Trademark and with the clear intention to take advantage of the reputation of the same by creating a likelihood of confusion between such mark and the disputed domain name. The Complainant also contends that the use of the disputed domain name which resolves to a website related to financial services competing with the services offered by the Complainant, is not to be considered a good faith use under the Policy and the UDRP case law.\r\n\r\nThe Complainant, therefore, requests the transfer of the disputed domain name.\r\n\r\nRESPONDENT:\r\n\r\nNo 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, 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": [
        "Avv. Ivett Paulovics"
    ],
    "date_of_panel_decision": "2021-11-19 00:00:00",
    "informal_english_translation": "The Complainant is owner of the following trademarks:\r\n- the French trademark no. 96636222 “ARKEA”, registered since 26 July 1996 in classes 35, 36, 42, and 45; and\r\n- the French trademark no. 3888981 \"CREDIT MUTUEL ARKEA\", registered since 11 May 2012 in class 36.\r\n\r\nThe Complainant is also owner of the domain name <ARKEA.COM>, registered since 26 July 2002, that is used to resolve to the official website of the Complainant.\r\n\r\nThe above-mentioned trademarks and domain name are hereinafter collectively referred to as the ARKEA Trademark.",
    "decision_domains": {
        "ARKEA-FINANCIAL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}