{
    "case_number": "CAC-UDRP-104107",
    "time_of_filling": "2021-10-29 09:34:48",
    "domain_names": [
        "bolloe.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOLLORE SE"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "INVERSI ONES OLIVETE NUNEZ C.A"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant’s contentions can be summarised as follows:\r\n\r\nI. The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights\r\n\r\nThe Complainant was founded in 1822 and operates businesses in three main sectors, namely transportation and logistics; communication and media; and electricity, storage and solutions.\r\n\r\nThe Complainant states that it is one of the 500 largest companies in the world, and that it is listed on the Paris Stock Exchange. In addition to its main areas of activities, the Bollore group manages a number of financial assets.\r\n\r\nIn addition to the trade mark mentioned above and numerous other trade marks, the Complainant advises that it is also the owner of various domain names which contain the term BOLLORE, including <bollore.com>, which was registered on 24 July 1997.\r\n\r\nThe disputed domain name <bolloe.com> was registered on 20 October 2021, and it resolves to a parking webpage.\r\n\r\nThe Complainant refers to prior UDRP decisions which have confirmed the Complainant’s rights in “BOLLORE”, as follows: CAC Case No. 102675, Bollore v Bill Brown Construction (in respect of the domain name <boiiore.com>); CAC Case No. 102254, BOLLORE v Milton Liqours ILC (in respect of the domain name <bollcre.com>); and CAC Case No. 101974, BOLLORE v Adileo Barone (in respect of the domain name <bollorè.com>.\r\n\r\nThe Complainant claims that the disputed domain name is an obvious misspelling of the Complainant’s trade mark BOLLORE, these UDRP proceedings being a clear example of typosquatting.\r\n\r\n\r\nII. The Respondent has no rights or legitimate interests in respect of the disputed domain name\r\n\r\nThe Complainant states that the Respondent is not affiliated with, nor authorised by, the Complainant in any way. The Respondent has no rights or legitimate interests in respect of the dispute domain name; the Respondent is not known by the disputed domain name, nor is the Respondent owner of any trade mark rights in the term “Bolloe”.\r\n\r\nMoreover, the disputed domain name is not actively used; the Respondent is not making a bona fide offering of goods or services by means of the disputed domain name, nor is the Respondent using the disputed domain name for legitimate non-commercial or fair use.\r\n\r\nIn view of the above, the Complainant concludes that the Respondent has no rights or legitimate interests in the dispute domain name. \r\n\r\n\r\nIII. The Respondent registered and is using the disputed domain name in bad faith\r\n\r\nRegistration\r\n\r\nThe Complainant states that the trade mark BOLLORE is well-known and distinctive, and that its fame has been acknowledged in prior UDRP decisions, namely: CAC Case No. 102015, BOLLORE SA v mich john; and CAC Case No. 101696, BOLLORE v Hubert Dadoun.\r\n\r\nThe Complainant further states that, given the distinctiveness and reputation of the trade mark BOLLORE, it is inconceivable that the Respondent could have registered the dispute domain name without actual knowledge of the Complainant’s trade mark BOLLORE. \r\n\r\n\r\nUse \r\n\r\nThe Complainant avers that the Respondent has intentionally used the disputed domain name to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant as to the source, sponsorship, affiliation, or endorsement of that website.\r\n\r\nThe Complainant therefore concludes that the Respondent has registered and is using the disputed domain name in bad faith. ",
    "other_legal_proceedings": "The Panel is unaware of any other pending or decided legal proceedings in respect of the disputed domain name.",
    "no_response_filed": "No administratively compliant Response has been filed.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade 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).\r\n",
    "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": [
        "Yana Zhou"
    ],
    "date_of_panel_decision": "2021-12-05 00:00:00",
    "informal_english_translation": "The Complainant relies upon the following registered trade mark, amongst others:\r\n\r\n•  International trade mark registration no. 704697, dated 11 December 1998, for the figurative mark BOLLORE, in classes 16, 17, 34, 35, 36, 38 and 39 of the Nice Classification.\r\n\r\n(hereinafter, the Complainant’s trade mark or the Complainant’s trade mark BOLLORE).",
    "decision_domains": {
        "BOLLOE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}