{
    "case_number": "CAC-UDRP-101693",
    "time_of_filling": "2017-09-26 09:44:53",
    "domain_names": [
        "bollore-groupefinance.com"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "BOLLORE"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Domain Privacy ApS"
    ],
    "respondent_representative": null,
    "factual_background": "Factual Grounds\r\n\r\nAccording to the Complainant, the Bolloré Group was founded in 1822. It claims to hold strong positions in all its activities around three business lines, transportation and logistics, communication and media, electricity storage and solutions.\r\n\r\nThe Complainant contends that it is one of the 500 largest companies in the world. Listed on the Paris Stock Exchange, the majority interest of the Group's stock is said to be always controlled by the Bolloré family. In addition to its activities, the Group claims to manage a number of financial assets including plantations and financial investments. \r\n\r\nThe Complainant claims to be the owner of several international trademark registrations BOLLORE®.\r\n\r\nThe Complainant also claims to own and communicate on the internet through various domain names, the main one being <bollore.com>, registered on July 25th of 1997.\r\n\r\nThe disputed domain name was registered on August 7th of 2017 by the Respondent.\r\n\r\n\r\nLegal Grounds\r\n\r\nI.\tDomain name is confusingly similar to the protected mark\r\n\r\nThe Disputed domain name <bollore-groupefinance.com> is claimed to be confusingly similar to the Complainant’s trademarks BOLLORE® because the trademark BOLLORE® is included in its entirety. \r\n\r\nThe Complainant contends that the addition of words “Groupe Finance” and the generic Top-Level Domain (“gTLD”) suffix “.COM” does not change the overall impression of the designation as being connected to the trademark BOLLORE® of the Complainant. \r\n\r\nIt is argued that this does not prevent the existence of a likelihood of confusion between the Disputed domain names and the Complainant, its trademark and its associated domain names. \r\n\r\nThus, the domain name <bollore-groupefinance.com> is argued to be confusingly similar to a trademark in which the Complainant has rights.\r\n\r\n\r\nII.\tThe Respondent does not have any rights or legitimate interest in the domain name(s)\r\n\r\nAccording to the decision in Croatia Airlines d. d. v. Modern Empire Internet Ltd., (WIPO Case No. D2003-0455), the Complainant is required to make out a prima facie case that the Respondent lacks rights or legitimate interests. Once such a prima facie case is made, the Respondent carries the burden of demonstrating rights or legitimate interests in the domain name. If the Respondent fails to do so, the Complainant is deemed to have satisfied paragraph 4(a) (ii) of the UDRP.\r\n\r\nThe Complainant contends that the Respondent is not affiliated with him nor authorized by him in any way to use the trademark BOLLORE®. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe Complainant asserts that the Respondent has no rights or legitimate interests in respect of the domain name <bollore-groupefinance.com> and that he is not related in any way to the Complainant’s business. \r\n\r\nThe Disputed domain name redirects to a website in French that refers to proposals for bank loans. There is no information about the company “Bollore Groupe Finance” on the website (no company registration number, no mailing address).\r\n\r\nOn these facts, the Complainant contends that Respondent registered the Disputed domain name in order to create a likelihood of confusion. It is argued that the Respondent attempted to attract consumers by taking advantage of Complainant's notoriety (registration of the “Bollore” trademark in domain name) and the use of the French language on the site.\r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests to the disputed domain name <bollore-groupefinance.com>.\r\n\r\n\r\nIII.\tThe domain name has been registered and is being used in bad faith\r\n\r\nThe Complainant states that the Disputed domain name <bollore-groupefinance.com> is confusingly similar to its trademarks BOLLORE® and domain names associated. \r\n\r\nGiven that the trademark “Bollore” is included in the domain name and the content of the website is in French, the Complainant contends that Respondent was aware of Complainant at the time of the domain name registration.\r\n\r\nFurther, the content of the website makes reference to the company “Bollore Groupe Finance” but there is [no] information regarding its history, its address, its company registration number. The Complainant contends this company does not exist: The Chief Executive Officer in the picture is not “Desmond Purpleson” but Marion Guillou, Chief Executive Officer of INRA and Polytechnique School.\r\n\r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the Disputed domain name <bollore-groupefinance.com> in bad faith.\r\n\r\n\r\nIV.\tLegal basis\r\n\r\nAgain the Complainant cites the decision in Croatia Airlines d. d. v. Modern Empire Internet Ltd., (WIPO Case No. D2003-0455), according to which the Complainant is required to make out a prima facie case that the Respondent lacks rights or legitimate interests. Once such a prima facie case is made, the Respondent carries the burden of demonstrating rights or legitimate interests in the domain name. If the Respondent fails to do so, the Complainant is deemed to have satisfied paragraph 4(a) (ii) of the UDRP.",
    "other_legal_proceedings": "The Panel is unaware of other legal proceedings, pending or otherwise, which relate to the Disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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": [
        "Udo Pfleghar"
    ],
    "date_of_panel_decision": "2017-11-08 00:00:00",
    "informal_english_translation": "The Complainant is the holder of International Registration No. 704697 Bolloré (stylised word), registered in classes 16, 17, 34, 35, 36, 38 and 39 since 11. December 1998. It is protected in numerous countries. It is also the owner of the domain name BOLLORE.COM, registered since 25 July 1997. The further International Registration No. 595172 BOLLORE is registered in the name of the company BOLLORE PROTECTION, with no indication given of the legal connection between the Complainant and the proprietor of the mark. Therefore, this earlier right cannot be taken into consideration.",
    "decision_domains": {
        "BOLLORE-GROUPEFINANCE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}