{
    "case_number": "CAC-UDRP-100730",
    "time_of_filling": "2014-01-13 11:42:30",
    "domain_names": [
        "FORTUNEOBANQUE.COM"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "FORTUNEO"
    ],
    "complainant_representative": "Namebay",
    "respondent": [
        "WHOIS PRIVACY"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant FORTUNEO is a affiliated company of the Crédit Mutuel ARKEA.\r\n\r\nThe Complainant contents:\r\n\r\nA.\tThe domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; (Policy, Paragraph 4(a)(i); Rules, Paragraphs 3(b)(viii), (b)(ix)(1))\r\n\r\nThe Complainant states that the disputed domain name < fortuneobanque.com > is identical to its trademarks FORTUNEO BANQUE.\r\n\r\nB.\tThe Respondent has no rights or legitimate interests in respect of the domain name; (Policy, Paragraph 4(a)(ii); Rules, Paragraph 3(b)(ix)(2))\r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by FORTUNEO in any way.\r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the domain name and he is not related in any way to the Complainant’s business. \r\n\r\nThe Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe Respondent is not commonly known by the domain name <fortuneobanque.com> and has no legitimate interests over the wording FORTUNEO BANQUE.\r\n\r\nPast Panels have held that a Respondent was not commonly known by a disputed domain name if the WHOIS information was not similar to the disputed domain name.\r\n\r\nSee:\r\nNAF - FA699652 - Braun Corp. v. Loney\r\nNAF - FA139720 - Tercent Inc. v. Lee Yi\r\n\r\nFurther, Respondent’s only use of the Domain Name is that it is used for a parked site displaying commercial links related to the field of bank products and services of the Complainant and its competitors. \r\n\r\nThe Complainant contends that the Respondent has not legitimate rights in respect of the domain name and has registered the domain name only to attract and to divert the customers to commercial links. \r\n\r\nSee \r\nMpire Corporation v. Michael Frey, WIPO Case No. D2009-0258\r\n\r\nFinally, the Complainant contends that the Respondent uses a privacy or proxy registration service that acts as an iron curtain between the Domain Holder and the outside world.\r\n\r\nC.\tThe domain name was registered and is being used in bad faith. (Policy, paragraphs 4(a)(iii), 4(b); Rules, paragraph 3(b)(ix)(3))\r\n\r\nThe Complainant contends that the Respondent is aware of the Complainant and has registered the domain name coupled with French word \"BANQUE\" only to make reference to the Complainant and its activity. The Complainant considers that it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's marks and uses it for the purpose of diverting the Complaint’s customers. \r\n\r\nSee \r\nFerrari S.p.A v. American Entertainment Group. Inc, WIPO Case no. D2004-0673.\r\n\r\nOn these bases, the Complainant concludes that the evidence indicates that the Respondent has used the disputed domain name to attract, or to attempt to attract, for commercial gain, Internet users to various websites by creating confusion with the Complainant’s trademark.",
    "other_legal_proceedings": "The Panel is not aware of other pending or decided legal proceedings.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the 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 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 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": [
        "Prof. Dr. Lambert Grosskopf, LL.M.Eur."
    ],
    "date_of_panel_decision": "2014-02-24 00:00:00",
    "informal_english_translation": "The Complainant owns several trademarks including the wording FORTUNEO - either consisting\r\nonly of the wording FORTUNEO or in addition to a device - for example the registered IR trademark no. 1107662 - FORTUNEO BANQUE or the EU-Community trademark no. 004268843 - FORTUNEO DIRECT FINANCE.\r\n",
    "decision_domains": {
        "FORTUNEOBANQUE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}