FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant is one of the 500 largest companies in the world. The Complainant was founded in 1822 and it has three main business lines: Transportation and Logistics, Communication and Media, Electricity Storage and solutions.<\/p>\n
Listed on the Paris Stock Exchange, the majority interest of the Group's stock is always controlled by the Bolloré family. In addition to its activities, the Group manages a number of financial assets including plantations and financial investments.<\/p>\n
The Respondent registered the disputed domain name <bolloreonline.com> on September 14, 2022 hereinafter, the (“Disputed Domain Name”).<\/p>\n
The Complainant argues that the Disputed Domain Name was registered by Dominique ROSIN based in Sweden and it resolves to an error website. <\/p>\n
According to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the Disputed Domain Name and the Complainant is not related in any way to the Complainant’s business.
For the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the Disputed Domain Name and that the language of the registration agreement is English.
The facts asserted by the Complainant are not contested by the Respondent.<\/p>\n
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>", "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.<\/p>", "no_response_filed": "
COMPLAINANT:
First element: Similarity
The Complainant states that the Disputed Domain Name is confusingly similar to its trademark and branded services “BOLLORE®”.
The Complainant asserts that the trademark BOLLORE® is included in its entirety within the Disputed Domain Name. The addition of the generic term “ONLINE” is not sufficient to escape the findings that the Disputed Domain Name is confusingly similar to the Complainant’s trademark BOLLORE®.
Second element: Rights or legitimate interest
The Complainant contends that the Respondent is not known as the Disputed Domain Name at the Whois database, and has not acquired trademark rights on the terms.<\/p>\n
Additionally, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name and that the Respondent is not related in any way to the Complainant’s business.<\/p>\n
The Complainant asserts that the Respondent is not affiliated with the Complainant nor authorized by the Complainant in any way to use the trademarks “BOLLORE®”. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n
No authorization or license has been granted to the Respondent to make any use of the Complainant’s trademark “BOLLORE®” or apply for registration of the Disputed Domain Name.
The Complainant also claims that the Disputed Domain Names redirect to an error page. The Complainant contends that Respondent did not make any use of Disputed Domain Name since its registration, and it confirms that the Respondent has no demonstrable plan to use the Disputed Domain Name. This demonstrates a lack of legitimate interests in respect of the Disputed Domain Name.<\/p>\n
Third element: Bad faith
The Complainant states that the Disputed Domain Name is confusingly similar to its trademark BOLLORE®.
The Complainant indicates that given the distinctiveness of the Complainant's trademarks and reputation, it is inconceivable that the Respondent could have registered the Disputed Domain Name without actual knowledge of Complainant's rights in the trademark, which evidences bad faith.
The Complainant indicates that the Disputed Domain Name resolves to an error page. In this regard, the Complainant states 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 domain name by the Respondent that would not be illegitimate.
RESPONDENT
Respondent did not reply to the Complaint.<\/p>",
"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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Victor Garcia Padilla" ], "date_of_panel_decision": "2022-10-23 00:00:00", "informal_english_translation": "
The Complainant is the owner of several trademarks consisting of the term “BOLLORE®”, such as the international trademark registration BOLLORE® n° 704697 registered since December 11, 1998.<\/p>\n
In addition, the Complainant owns domain names with the term “BOLLORE” such as the domain name <bollore.com> registered since July 25, 1997.<\/p>", "decision_domains": { "bolloreonline.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }