{ "case_number": "CAC-UDRP-105263", "time_of_filling": "2023-03-07 06:10:32", "domain_names": [ "bollore-logistics.org" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BOLLORE SE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Ahabwe Ahabwe" ], "respondent_representative": null, "factual_background": "

BOLLORE SE (the “Complainant”) was founded in 1822. It states that the founder and his successors commenced a diversification strategy based on innovation and international development. It now holds strong positions in all its activities around three business lines, Transportation and Logistics, Communication and Media, Electricity Storage and solutions (please see their website at: www.bollore.com).<\/p>\n

The Complainant states further 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 always controlled by the Bolloré family. The BOLLORE Group has 73,000 employees world-wide with the revenue that equals to 19,771 million euros, operating income in the amount of 1,339 million euros and the shareholders' equity in the amount of 34,418 million euros based on the results in 2021.<\/p>\n

The Complainant’s subsidiary BOLLORE LOGISTICS is one of the 10 leading worldwide transport and logistics companies. With a presence on the five continents (603 offices in 111 countries and more than 20,682 employees), BOLLORE LOGISTICS aims to consolidate the strength and reach of its international network through organic growth and targeted acquisitions.<\/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": "

COMPLAINANT:<\/p>\n

Identical or confusingly similar<\/em><\/strong><\/p>\n

The Complainant argues that the disputed domain name <bollore-logistics.org> and the Complainant's registered trademarks BOLLORE LOGISTICS are confusingly similar.<\/p>\n

The Complainant argues that its trademark is fully contained within the disputed domain name and points out that the elements in which the signs vary do not alter the overall confusion between the signs. <\/p>\n

No rights or legitimate interests<\/strong><\/p>\n

The Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent is making any bona fide offering of goods or services. Moreover, the Complainant states that the Respondent has not been licensed or otherwise authorized to use any of the Complainant’s trademarks nor to apply for or use any domain name incorporating such trademarks.<\/p>\n

Registered and used in bad faith<\/strong><\/p>\n

As far as bad faith registration is concerned, the Complainant point out that given the distinctiveness of the Complainant’s international trademark which has been declared a well-known trademark (CAC Case No. 102031, BOLLORE v. Donald Shillam, and CAC Case No. 101500, BOLLORE SA v. JESSICA SAXTON), the Respondent has registered the domain name in knowledge of the Complainant, which evidences bad faith.<\/p>\n

The Complainant underlines that the Respondent has not demonstrated any activity in respect of the disputed domain name, so that according to the Complainant it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law

<\/p>\n

RESPONDENT:<\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>", "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).<\/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).<\/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).<\/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": [ "Hana Císlerová" ], "date_of_panel_decision": "2023-04-03 00:00:00", "informal_english_translation": "

The Complainant is a registered owner of the following trademarks consisting of the word element “BOLLORE LOGISTOCS”:<\/p>\n