{ "case_number": "CAC-UDRP-104393", "time_of_filling": "2022-03-03 09:12:53", "domain_names": [ "amundi-ca-assrances.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "AMUNDI ASSET MANAGEMENT" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Transure Enterprise Ltd" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is Europe's number one asset manager by assets under management and has offices in 36 countries in Europe, Asia-Pacific, the Middle-East and the Americas. With more than €2.064 trillion in assets under management and over 100 million retail, institutional and corporate clients, the Complainant ranks in the top 10 globally. \r\n\r\nThe Complainant is the owner of the international trademark n°1024160 AMUNDI (the AMUNDI Trademark), registered since 24 September 2009, for various subclasses under class 36, among which services that relate to insurances.\r\n\r\nThe Complainant is the owner the domain name .\r\n\r\nThe Complainant asserts that, at the time of filing the complaint, the disputed domain name referred to a parking page with commercial links. \r\n\r\n1. The Complainant contends that the disputed domain name is confusingly similar to the trademark ‘AMUNDI’.\r\n\r\nThe disputed domain name contains the Complainant’s trademark ‘AMUNDI’ in its entirety.\r\n\r\nThe addition of the terms “CA” and “ASSRANCES” is not sufficient to avoid a likelihood of confusion. On the contrary, it worsens the likelihood of confusion, as it refers to the Complainant’s official website https:\/\/www.amundi-ca-assurances.com\/ (which also seems to be a domain name owned by the Complainant).\r\n\r\nIt 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”. \r\n\r\nIt is also well established that the TLD is viewed as a standard registration requirement and as such is disregarded. \r\n\r\nFinally, the Complainant’s rights over the term “AMUNDI” have been confirmed by previous Panels, for instance:\r\n- CAC Case No. 103252, AMUNDI ASSET MANAGEMENT v. lili sidi ;\r\n- WIPO Case No. D2020-1251, Amundi Asset Management v. David Joel Claude Zachara, I Visa Services Co ltd ;\r\n- WIPO Case No. D2019-1950, Amundi Asset Management v. Jean René .\r\n\r\nThus, the domain name is confusingly similar to a trademark in which the Complainant has rights.\r\n\r\n2. In its non-standard communication of 12 April 2022, the Complainant further argues that the Respondent does not have any rights or legitimate interest in the disputed domain name. \r\n\r\nThe Complainant asserts that the Respondent is not known as the disputed domain name, nor is he related in any way to the Complainant’s business. The Complainant further contends that the Respondent is not affiliated with the Complainant nor authorised by it in any way to use the trademark ‘AMUNDI’. The Complainant does not carry out any activity for, nor has any business with the Respondent. \r\n\r\nLastly, the Complainant argues that the disputed domain name resolves to a parking page with commercial links, which is not a bona fide offering of goods or services or legitimate non-commercial or fair use.\r\n\r\nAccordingly, the Respondent has no rights or legitimate interests to the disputed domain name.\r\n \r\n3. The Complainant contends that the disputed domain name has been registered and is being used in bad faith. \r\n\r\nThe Complainant claims that its trademark \"AMUNDI\" is well­known, and that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks given the distinctiveness of the Complainant's trademark and reputation. Furthermore, the registration of the disputed domain name cannot be coincidental, as it directly refers to the Complainant’s official website .\r\n\r\nThe Complainant also contends that 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 trademark, which is an evidence of bad faith. \r\n\r\nThe Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\nThe Respondent did not file a response. ", "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. ", "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": [ "Bart Van Besien" ], "date_of_panel_decision": "2022-04-22 00:00:00", "informal_english_translation": "The Complainant has submitted evidence that it is the owner of the international word trademark n°1024160 “AMUNDI”, valid in various countries including in the United States of America, registered on 24 September 2009, for various subclasses under class 36, among which services that relate to insurances (hereafter the “AMUNDI Trademark”).", "decision_domains": { "AMUNDI-CA-ASSRANCES.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }