{
    "case_number": "CAC-UDRP-104344",
    "time_of_filling": "2022-02-10 10:06:36",
    "domain_names": [
        "transitexportbollore.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "BOLLORE SE"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Marvocabe Enterprise"
    ],
    "respondent_representative": null,
    "factual_background": "According to the evidence submitted by Complainant, Complainant was founded in 1822. Thanks to a diversification strategy based on innovation and international development, it now holds strong positions in all its activities around three business lines, Transportation and Logistics, Communication and Media, Electricity Storage and solutions. Complainant is one of the 500 largest companies in the world. Listed on the Paris Stock Exchange, the majority interest of the Group's stock is always controlled by the Bolloré family. \r\n\r\nThe disputed domain name <transitexportbollore.com> was registered on 1 February 2022 and is held by Respondent.\r\nAccording to the information and evidence provided by Complainant the disputed domain name resolves to a template of a website offering transport services. \r\n\r\nThe trademark registration of Complainant has been issued prior to the registration of the disputed domain name.\r\n\r\nAccording to Complainant the disputed domain name is confusingly similar to Complainant's trademark. Indeed, the disputed domain name contains Complainant’s trademark in its entirety. The addition of the terms “Transit Export” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark BOLLORE.  \r\n\r\nComplainant submits that Respondent does not have any rights or legitimate interest in the disputed domain name. Complainant asserts that Respondent is not known as the disputed domain name. Respondent is not affiliated with nor authorized by BOLLORE in any way. Complainant does not carry out any activity for, nor has any business with Respondent. Moreover, neither license nor authorization has been granted to Respondent to make any use of Complainant’s trademark. Furthermore, the disputed domain name points to a template of website offering transport services, which competes with the services offered by Complainant via its subsidiary Bollore Transport and Logistics. \r\nAccording to Complainant the disputed domain name was registered in order to create a likelihood of confusion with Complainant and its trademarks. By profiting of the notoriety of Complainant’s trademarks, Respondent uses the disputed domain name to offer services in direct competition with Complainant. Using a confusingly similar domain name that resolves to a competing webpage is not a bona fide offering of goods or services.\r\n\r\nComplainant contends that the disputed domain name is registered and is being used in bad faith. Given the distinctiveness of Complainant's trademark and reputation, according to  Complainant it is inconceivable that Respondent could have registered the disputed domain name without actual knowledge of Complainant's rights in the trademark. Furthermore, Complainant argues that Respondent uses the disputed domain name to divert Internet users searching for Complainant’s website to Respondent’s competing website, and to create a likelihood of confusion with Complainant’s mark for Respondent’s commercial gain by offering competing services. Past panels have established that it is an evidence of bad faith.\r\n\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.\r\n",
    "rights": "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 Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "Complainant has, to the satisfaction of the Panel, shown 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": "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": [
        "Dinant T.L. Oosterbaan"
    ],
    "date_of_panel_decision": "2022-03-11 00:00:00",
    "informal_english_translation": "According to the evidence submitted by Complainant, Complainant is the owner of the international trademark nr. 704697 BOLLORE registered on 11 December 1998. ",
    "decision_domains": {
        "TRANSITEXPORTBOLLORE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}