{ "case_number": "CAC-UDRP-104257", "time_of_filling": "2022-01-07 08:42:25", "domain_names": [ "creditagricole.store" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "CREDIT AGRICOLE S.A." ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Mark Haillay" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\nComplainant is the leader in retail banking in France and one of the largest banks in Europe. First financing the French economy and major European player, the Complainant assists its clients' projects in France and around the world, in all areas of banking and trades associated with it: insurance management asset leasing and factoring, consumer credit, corporate and investment.\r\nThe Complainant owns several trademarks and domains including the wording “CREDIT AGRICOLE”. \r\nThe disputed domain name was registered on December 29, 2021 and redirects to a parking page. Besides, MX servers are configured.\r\nThe Complainant states that the disputed domain name is identical to its trademark CREDIT AGRICOLE, because the domain name includes the trademark in its entirety.\r\nThe Complainant contends that addition of the new gTLD “.STORE” is not sufficient to escape the finding that the disputed domain name is identical to the Complainant's trademark and does not change the overall impression of the designation as being connected to its trademark.\r\nThe Complainant states, that past panels have confirmed the Complainant’s rights over the terms “CREDIT AGRICOLE”. \r\nThe Complainant contends that the Respondent is not identified in the WHOIS database as the disputed domain name. Past 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\nThe Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and he is not related in any way to the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark CREDIT AGRICOLE, or apply for registration of the disputed domain name by the Complainant.\r\nThe disputed domain name is not used. The Complainant contends that Respondent did not make any use of disputed domain name since its registration, and it confirms that Respondent has no demonstrable plan to use the disputed domain name. It demonstrates a lack of legitimate interests in respect of the disputed domain name.\r\nThus, the Complainant contends that the Respondent has no rights or legitimate interest on the disputed domain name.\r\nThe Complainant states that the disputed domain name is confusingly similar to its well-known trademark CREDIT AGRICOLE.\r\nBesides, the term CREDIT AGRICOLE is only known in relation with the Complainant. A Google search on the expression CREDIT AGRICOLE displays several results, all of them being related to the Complainant and its banking activity.\r\nThus, given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable in the view of Complainant to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks. \r\nFurthermore, the disputed domain name is not used, as it resolves to a parking page. Besides, the disputed domain name has been set up with MX records. The Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law.\r\nBesides, although the domain name appears to be unused, it has been set up with MX records which suggests that it may be actively used for email purposes. \r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.", "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\r\n", "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": [ "Jan Christian Schnedler, LL.M." ], "date_of_panel_decision": "2022-01-31 00:00:00", "informal_english_translation": "The Complainant owns several trademarks including the wording “CREDIT AGRICOLE”, such as the followings registrations:\r\n- European registration CA CREDIT AGRICOLE no. 005505995 registered since November 20, 2006;\r\n- European registration CREDIT AGRICOLE no. 006456974 registered since November 13, 2007;\r\n- International registration CREDIT AGRICOLE no. 1064647 registered since January 4, 2011.\r\n\r\nThe Complainant is also the owner of several domain names including the trademark CREDIT AGRICOLE, such as registered since June 11, 2001 and registered since December 31, 1999. ", "decision_domains": { "CREDITAGRICOLE.STORE": "TRANSFERRED" }, "panelist": null, "panellists_text": null }