{ "case_number": "CAC-UDRP-104758", "time_of_filling": "2022-08-01 09:25:45", "domain_names": [ "lfpi-am.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "LA FINANCIERE PATRIMONIALE D’INVESTISSEMENT" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "PHILIPPE BAILLET, LFPI AM" ], "respondent_representative": null, "factual_background": "The Complainant La Financiere Patrimoniale D’Investissement, operating under the trade name LFPI, is one of the leading independent, multi-strategy alternative asset managers in Europe with nearly €12 billion under management in private equity (majority, minority, co-investments, funds of funds and thematic funds including hotels), private debt, real estate, as well as asset management in Europe and North America, with a focus on long-term investments.\r\n\r\nThe Complainant owns a number of domain names, including the domain name registered on April 15, 2003 and used by the Complainant to promote its services under the trademark LFPI.\r\n\r\nThe disputed domain name was registered on May 10, 2022 and is currently not pointed to an active website. According to the screenshot submitted as Annex to the Complaint, which has not been challenged by the Respondent, the disputed domain name was previously pointed to a parking page with commercial links, also related to investments and asset management. ", "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.", "no_response_filed": "COMPLAINANT\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademark LFPI, as it reproduces the trademark in its entirety with the sole addition of the acronym “am” (standing for “Asset Management”) and the generic Top-Level Domain (TLD) “.com”, which is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark. \r\n\r\nThe Complainant submits that the Respondent has no rights or legitimate interests in respect of the disputed domain name because i) it is in no way related with the Complainant, ii) it does not carry out any activity for, or business with, the Complainant and iii) no license nor authorization has ever been granted to the Respondent to make any use of the Complainant’s trademark LFPI, or apply for registration of the disputed domain name by the Complainant.\r\n\r\nMoreover, the Complainant contends that, since the disputed domain name resolves to a parking page with commercial links and it has been used in a phishing scheme, the Respondent has used the disputed domain name to pass itself off as one of the Complainant’s employees, in order to obtain personal information and\/or receive undue payments. The Complainant therefore submits that the Respondent is not using the disputed domain name for a bona fide offering of goods or services or for non-commercial or fair use.\r\n\r\nWith reference to the circumstances evidencing bad faith, the Complainant highlights that, given the distinctiveness and reputation of its trademark and that the disputed domain name is so obviously connected to the Complainant also considering the association of the acronym “am” (standing for “Asset Management”, which directly refers to the Complainant’s field of activity), the Respondent registered the disputed domain name with full knowledge of the Complainant and its trademark. \r\n\r\nFurthermore, the Complainant contends that the Respondent’s bad faith can also be inferred by the fact that the Respondent used the disputed domain name to pass off as the Complainant in order to obtain personal information and to receive undue payments. The Complainant underlines that the Respondent has registered the disputed domain name in the name of Philippe Baillet, LFPI AM, using the Complainant’s official address, but the email address listed in the WhoIs records is in no way controlled by the Complainant in any way.\r\n\r\nIn addition, the Complainant points out that the disputed domain name has redirected to a parking page with commercial links and submits that the Respondent has deliberately attempted to pass off as the Complainant also in order to attract internet users to its website for commercial gain, which is further indication of the Respondent’s bad faith. \r\n\r\nRESPONDENT\r\n\r\nNo 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": [ "Luca Barbero" ], "date_of_panel_decision": "2022-09-06 00:00:00", "informal_english_translation": "The Complainant is the owner, amongst others, of the following trademark registrations for LFPI:\r\n\r\n- France trademark registration No. 3366800 for LFPI (word mark), registered on June 23, 2005, in class 36;\r\n- France trademark registration No. 3367374 for LFPI (word mark), filed on June 23, 2005, in classes 35, 36 and 42;\r\n- European Union trademark registration No. 005122585 for LFPI (word mark), filed on June 7, 2006 and registered on August 9, 2007, in class 36; and\r\n- European Union trademark registration No. 014293724 LFPI (figurative mark), filed on June 26, 2015 and registered on October 27, 2015, in class 36.", "decision_domains": { "LFPI-AM.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }