{
    "case_number": "CAC-UDRP-102801",
    "time_of_filling": "2019-12-05 13:13:48",
    "domain_names": [
        "bnp-paribasfortis.net"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "BNP PARIBAS"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "jolink bowling"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nBNP PARIBAS S.A. (the “Complainant”) is an international banking group with a presence in 72 countries, and one of the largest banks in the world. With more than 202 624 employees and €7.5 billion in net profit, the Complainant claims to be a leading bank in the Eurozone and a prominent international banking institution. \r\n\r\nThe Complaint owns a number of trademarks with the “BNP PARIBAS” elements and is also the owner of a large portfolio of domain names “BNP PARIBAS”, such as <bnpparibas.com>, registered since 1999-09-02. BNP PARIBAS FORTIS is the Complainant’s Belgium subsidiary.\r\n\r\nThe disputed domain name was registered on November 11th, 2019 and is inactive. \r\nThe Complainant states that the disputed domain name is confusingly similar to its BNP PARIBAS trademarks. \r\nThe Complainant stresses that the disputed domain name contains Complainant’s registered and widely known trademark in its entirety and the addition of the dash and the term “FORTIS” is not sufficient to escape the finding that the disputed domain name is confusingly similar to Complainant's trademarks. \r\n\r\nOn the contrary, the addition of the term “FORTIS” worsens the likelihood of confusion, as it refers to the Complainant’s Belgium subsidiary “BNP PARIBAS FORTIS” and the addition of the generic Top-Level Domain suffix “.net” does not change the overall impression of the designation as being connected to the Complainant’s trademark.\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant contends that the Respondent is not known by the disputed domain name in the Whois database, and has not acquired trademarks mark rights. \r\nThe Complainant states that the Respondent is not related in any way to the Complainant’s business.\r\nThe Complainant contends that the Respondent is not affiliated with the Complainant nor authorized by the Complainant in any way to use the trademark BNP PARIBAS®.\r\nThe Complainant does not carry out any activity for, nor has any business with the Respondent.\r\nThe disputed domain name is inactive.\r\nTherefore, 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.\r\nIt demonstrates a lack of legitimate interests in respect of the disputed domain name. \r\n\r\nTHE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH\r\n\r\nThe Complainant refers to previous panels that have established that the “BNP PARIBAS” trademark is well-known.\r\n\r\nAccording to the Complainant the Respondent had the Complainant and its subsidiary in mind when it registered the disputed domain name, and that this registration cannot be coincidental.\r\nThe association of the term “FORTIS” and the trademark “BNP PARIBAS” is only known in relation with the Complainant’s subsidiary \r\nGiven 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 disputed domain name is inactive.\r\nThe 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\nThe Complainant refers to earlier UDRP panels that have held the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use. \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. \r\n",
    "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": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2020-01-22 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant relies on the following trademarks:\r\n- International word trademark “BNP PARIBAS” No. 728598, registered on February 23, 2000;\r\n- International device trademark “BNP PARIBAS” No. 745220, registered on September 18, 2000; \r\n- International word trademark “BNP PARIBAS” No. 876031, registered on November 24, 2005.\r\n",
    "decision_domains": {
        "BNP-PARIBASFORTIS.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}