{ "case_number": "CAC-UDRP-104998", "time_of_filling": "2022-11-21 09:24:26", "domain_names": [ "bolloretechnologies-fr.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "BOLLORE SE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "smithmoore ltd" ], "respondent_representative": null, "factual_background": "

As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:<\/span>

(a) The Bolloré Group (to which the Complainant belongs) was founded in 1822, and provides services to its customers consisting in particular in transportation and logistics, communication and media, electricity storage and solutions. It is one of the 500 largest companies in the world and listed on the Paris Stock Exchange;<\/span>

(b) the Complainant is the owner of the Complainant’s Trademark;<\/span>

(c) the Complainant owns various domain names including the same distinctive wording “Bollore”, of which the domain name <bollore.com> has been registered since 25 July 1997;<\/span>

(d) the disputed domain name was registered on 10 November 2022; and<\/span>

(e) under the disputed domain name there is no active website.<\/span>


<\/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": "

The Parties' contentions are the following:

THE COMPLAINANT:

In addition to the above factual assertions, the Complainant also contends the following:

(i) the disputed domain name is confusingly similar to Complainant’s Trademark as it contains the denomination „Bollore“ and the addition of non-distinctive elements “technologies” and \"fr\" is not sufficient to avoid confusing similarity. The top-level suffix in the disputed domain name (i.e. the \".com\") must be disregarded under the identity \/ confusing similarity test as it is a necessary technical requirement of registration.

(ii) The Respondent is not known by or affiliated with 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 by the Complainant to the Respondent to use the Complainant’s Trademark or apply for registration of the disputed domain name. The disputed domain name is inactive. As a result, the Respondent has no rights or legitimate interest in the disputed domain name.

(iii) The disputed domain name is confusingly similar to the Complainant’s well-known and distinctive trademark BOLLORE®. Past panels have confirmed the notoriety of the trademarks BOLLORE® for example in cases CAC Case No. 102015, BOLLORE SA v. mich john or CAC Case No. 101696, BOLLORE v. Hubert Dadoun. Given the distinctiveness of the Complainant's Trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's Trademark. Thus, Respondent has registered the disputed domain name and is using it in bad faith.<\/div>\n

THE RESPONDENT:

The Respondent did not provide any response to the complaint.<\/div>", "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 Uniform Domain Name Dispute Resolution Policy (\"Policy\").<\/span>

For details, please see \"Principal Reasons for the Decision\".<\/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 Policy).<\/span>

For details, please see \"Principal Reasons for the Decision\".<\/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 Policy).<\/span>

For details, please see \"Principal Reasons for the Decision\".<\/span><\/p>", "procedural_factors": "

The Panel is satisfied that all procedural requirements under the Policy were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>", "decision": "Accepted", "panelists": [ "Michal Matějka" ], "date_of_panel_decision": "2022-12-17 00:00:00", "informal_english_translation": "

The Complainant is the registered owner of international figurative trademark “Bolloré”, reg. no. 704697, registered on 11 December 1998 for goods and services in classes 16, 17, 34, 35, 36, 38 and 39 (“Complainant’s Trademark”).<\/span><\/p>\n

The disputed domain name <BOLLORETECHNOLOGIES-FR.COM> was registered on 10 November 2022.<\/span><\/p>", "decision_domains": { "bolloretechnologies-fr.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }