{ "case_number": "CAC-UDRP-104937", "time_of_filling": "2022-10-21 09:15:06", "domain_names": [ "amundiforum.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "AMUNDI ASSET MANAGEMENT" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "timmy jay" ], "respondent_representative": null, "factual_background": "

A. Background History<\/strong><\/p>\n

The Complainant is Europe’s leading asset manager and ranks 10th<\/sup> worldwide, with operations from offices in Europe, Asia-Pacific, Middle East and Americas, and over 100 million retail, institutional and corporate clients.<\/p>\n

In addition to the trade mark mentioned in the section “Identification of Rights” above, the Complainant informs that it is the owner of domain names which contain the term “AMUNDI”, most notably <amundi.com>, which was registered on 26 August 2004. The Complainant’s official website is www.amundi.com<\/a> (“the Complainant’s website”).  <\/p>\n

By way of relief, the Complainant seeks the transfer of the disputed domain name <amundiforum.com> to the Complainant on the grounds advanced in section B below.<\/p>\n

B. Legal Grounds <\/strong><\/p>\n

I. The disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights<\/p>\n

The Complainant submits that the disputed domain name <amundiforum.com> incorporates the Complainant’s trade mark AMUNDI in its entirety; that the additional term “forum” is insufficient to prevent a finding of confusing similarity with the Complainant’s trade mark AMUNDI; and that the Top-Level Domain <.com> (“TLD”) is viewed as a standard registration requirement and, as such, should be disregarded in determining identity or confusing similarity.<\/p>\n

The Complainant further asserts that its rights over the term “AMUNDI” have been recognised by previous UDRP panels, e.g. AMUNDI ASSET MANAGEMENT v. Domain Management, CAC Case No. 104650 (domain name <amundiimmobilier.com>; Amundi Asset Management v. Laurent Guerson, WIPO Case No. D2022-0730 (domain name <amundi- europe.com>); and Amundi Asset Management v. Jean René, WIPO Case No. D2019-1950, (domain name <amundi-invest.com>).<\/p>\n

<\/p>\n

II. The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/span><\/p>\n

The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent does not carry out any activity for, or has any business with, the Complainant. Neither licence nor authorisation has been given to the Respondent to make any use of the Complainant’s trade mark AMUNDI. Moreover, the Respondent is not known by the disputed domain name.<\/p>\n

The Complainant avers that the disputed domain name, which was registered on 12 October 2022, resolves to a website with which the Respondent attempts to impersonate the Complainant. The Respondent’s website contains the Complainant’s both logo and trade mark AMUNDI, as well as Complainant' background information obtained from the Complainant’s own website. The Complainant argues that the Respondent’s website is likely to confuse Internet users and to lead them to believe that there is a link or connection with the Complainant’s offering.  The Complainant therefore claims that the Respondent's behaviour demonstrates neither a bona fide offering of goods nor a legitimate interest of the Respondent.<\/p>\n

In view of the above, the Complainant concludes that the Respondent has no rights or legitimate interests in the dispute domain name.<\/p>\n

<\/p>\n

III. The Respondent registered and is using the disputed domain name in bad faith<\/span><\/p>\n

The Complainant states that, given the distinctiveness of the Complainant's trade mark and reputation, it is reasonable to infer that the Respondent registered the disputed domain name with full knowledge of the Complainant’s trade mark AMUNDI.<\/p>\n

The Complainant further states that, in registering and using the disputed domain name, which incorporates the Complainant’s trade mark AMUNDI with the adjacent word “forum”, the Respondent is seeking to impersonate the Complainant.<\/p>\n

The Complainant contends that the Respondent has therefore intentionally used the disputed domain name to attract, for commercial gain, Internet users to the Respondent’s website by creating a likelihood of confusion with the Complainant as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website (paragraph 4(b)(iv) of the UDRP Policy).<\/p>\n

The Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <amundiforum.com> (“the disputed domain name”).<\/p>", "no_response_filed": "

No administratively compliant Response has been filed.<\/span><\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP Policy).<\/span><\/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 UDRP Policy).<\/span><\/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 UDRP 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": [ "Yana Zhou" ], "date_of_panel_decision": "2022-11-25 00:00:00", "informal_english_translation": "

The Complainant relies upon the following registered trade mark:<\/p>\n