{ "case_number": "CAC-UDRP-104613", "time_of_filling": "2022-06-02 09:12:35", "domain_names": [ "bnp-coin.com", "bnp-otccoin.com", "bnponeex.com", "excoin-bnp.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "BNP PARIBAS" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "plum Bruce, Nasdaq " ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is an international banking group with a presence in 65 countries, and one of the largest banks in the world with more than 190,000 employees and EUR46.2 billion in revenues in 2021. The Complainant stands as a leading bank in the Eurozone and a prominent international banking institution.\r\n\r\nThe Complainant contends that its trademark \"BNP\" is widely used for banking services worldwide.\r\n\r\nThe Complainant is the owner of several trademarks and domain names, including the term \"BNP®” as well as “BNP PARIBAS®” at least since 2000.\r\n\r\nThe Respondent registered the four Disputed Domain Names as follows:\r\n\r\n on March 29, 2022\r\n on April 1st, 2022\r\n on April 29, 2022\r\n on April 25, 2022\r\n\r\nhereinafter, the “Disputed Domain Names”).\r\n\r\nThe Complainant argues that the Disputed Domain Names were registered by person plum Bruce based in China and they resolve to pages displaying information about cryptocurrencies and BNP PARIBAS FORTIS’ logo. Furthermore, the Complainant states that the Disputed Domain Names are used to resolve to a login page reproducing the Complainant’s logo.\r\n\r\nAccording to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the Disputed Domain Names and Complainant is not related in any way to the Complainant’s business.\r\n\r\nFor the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the Disputed Domain Names and that the language of the registration agreement is English.\r\n\r\nThe facts asserted by the Complainant are not contested by the Respondent.", "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 Names.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nCOMPLAINANT:\r\n\r\nFirst element: Similarity\r\n\r\nThe Complainant states that the Disputed Domain Names are confusingly similar to its trademark BNP® and BNP PARIBAS®.\r\n\r\nThe Complainant asserts that the trademark BNP® is included in its entirety within the Disputed Domain Names. The terms “COIN”, “OTC COIN” (for “Over-the-counter Coin”), “ONEEX” or “EXCOIN” all refer to the trading of cryptocurrencies, and, therefore are closely related to the Complainant and its business activities. \r\n\r\nSecond element: Rights or legitimate interest\r\n\r\nThe Complainant contends that the Respondent is not known as the Disputed Domain Names in the Whois database, and has not acquired trademark rights on the terms. \r\n\r\nMoreover, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the Disputed Domain Names and that he is not related in any way to the Complainant’s business.\r\n\r\nThe Complainant asserts that the Respondent is not affiliated with him nor authorized by him in any way to use the trademarks “BNP PARIBAS®” or “BNP®”. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe Complainant also claims that the Disputed Domain Names redirect to a trading website reproducing the Complainant’s logo and trademarks and past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use.\r\n\r\nThird element: Bad faith\r\n\r\nThe Complainant states that the Disputed Domain Names are confusingly similar to its trademark BNP PARIBAS® and BNP®. \r\n\r\nThe Complainant indicates that given the distinctiveness of Complainant's trademarks and reputation, it is inconceivable that the Respondent could have registered the Disputed Domain Names without actual knowledge of Complainant's rights in the trademark, which evidences bad faith.\r\n\r\nThe Complainant contends that the Disputed Domain Names were registered in order to create a likelihood of confusion with the Complainant’s and its trademarks. By profiting of the notoriety of the Complainant’s trademark in the Disputed Domain Name, the Respondent is using the Disputed Domain Names to offer services in direct competition with Complainant. \r\n\r\nThe Complainant indicates that the Respondent has a history of registering domain names which incorporate the third parties' trademarks. See for instance Forum Case no. 1984496 and CAC Case no. 104458.\r\n\r\nRESPONDENT\r\n\r\nRespondent did not reply to the Complaint. ", "rights": "The Complainant has, to the satisfaction of the Panel, shown the Disputed Domain Names are 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 Names (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 Names have been registered and are 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": [ "Victor Hugo Garcia Padilla, LL.M." ], "date_of_panel_decision": "2022-09-02 00:00:00", "informal_english_translation": "The Complainant is the owner of several trademarks consisting of the term “BNP®”, such as i) the European trademark BNP® n° 000089649 registered since April 1, 1996, ii) the International trademark BNP Paribas® n° 728598 registered since February 23, 2000 in classes 35, 36 38, iii) the international trademark BNP Paribas and device® n° 745220 registered since September 9, 2000 in classes 09, 35, 36 & 38, iv) the International trademark BNP Paribas® n° 876031 registered since November 24, 2005 in classes 09, 35, 36 38.\r\n\r\nIn addition, the Complainant owns domain names with the term “BNP PARIBAS”, such as i) created since September 1, 1999 ii) created since December 28, 1999 and iii) created since July 22, 2008.", "decision_domains": { "BNP-COIN.COM": "TRANSFERRED", "BNP-OTCCOIN.COM": "TRANSFERRED", "BNPONEEX.COM": "TRANSFERRED", "EXCOIN-BNP.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }