{
    "case_number": "CAC-UDRP-105286",
    "time_of_filling": "2023-03-16 09:38:51",
    "domain_names": [
        "app-web-ca-assurances.site"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "CREDIT AGRICOLE"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Ferrer Norbert"
    ],
    "respondent_representative": null,
    "factual_background": "<p>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n<p>THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS<\/p>\n<p>The Complainant claims that it is the leader in retail banking in France and one of the largest banks in Europe. It assists its clients' projects in France and around the world, in all areas of banking and related areas: insurance management, asset leasing and factoring, consumer credit, corporate and investment.<\/p>\n<p>Complainant&rsquo;s subsidiary CREDIT AGRICOLE ASSURANCES is the first insurance group in France with consolidated revenues of 37 billion euros in 2021.<\/p>\n<p>The disputed domain name was registered on March 7, 2023 and redirects to a parking page.<\/p>\n<p>The Complainant asserts that the disputed domain name is confusingly similar to its trademarks.<\/p>\n<p>The Complainant contends that the addition of the generic terms &ldquo;APP&rdquo;, &ldquo;WEB&rdquo; and especially &ldquo;ASSURANCES&rdquo; (that refers to the Complainant&rsquo;s activity) is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark. It does not change the overall impression of the designation as being connected to the Complainant&rsquo;s trademark. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant&rsquo;s trademark. The gTLD suffix does not play a role in assessing confusing similarity.<\/p>\n<p>The Complainant also refers to previous UDRP decisions by CAC panels that confirm Complainant&rsquo;s rights over the term &ldquo;CA&rdquo;: CAC Case No. 102757,&nbsp;<em>CREDIT AGRICOLE S.A. v. joe terry &lt;ca-1f.com&gt;<\/em>; CAC Case No. 102758,&nbsp;<em>CREDIT AGRICOLE S.A. v. shun peter &lt;ca-if.com&gt;.<\/em><\/p>\n<p>&nbsp;<\/p>\n<p>THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME<\/p>\n<p>The Complainant alleges that the Respondent is not identified in the Whois database as the disputed domain name.<\/p>\n<p>The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and he is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n<p>Neither license nor authorization has been granted to the Respondent to make any use of the Complainant&rsquo;s trademark &ldquo;CA&rdquo; or apply for registration of the disputed domain name by the Complainant.<\/p>\n<p>The disputed domain name points to a parking page.<\/p>\n<p>The Complainant contends that the Respondent did not make any use of the disputed domain name since its registration, and it confirms that the Respondent has no demonstrable plan to use the disputed domain name.<\/p>\n<p>Therefore, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain name.<\/p>\n<p><\/p>\n<p>THE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH<\/p>\n<p>The Complainant&rsquo;s submissions on the bad faith element of the UDRP can be summarized as follows:<\/p>\n<ul>\n<li>The Complainant alleges that the &ldquo;CA&rdquo; term is the acronym of &ldquo;CREDIT AGRICOLE&rdquo; and has been used for years.&nbsp;Moreover, the addition of the term &ldquo;ASSURANCES&rdquo; to the acronym &ldquo;CA&rdquo; cannot be a coincidence, as it directly refers to the Complainant.<\/li>\n<li>The Complainant contends that it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of Complainant's rights in the trademark.<\/li>\n<li>The disputed domain name resolves to a parking page. The Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the disputed 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&rsquo;s rights under trademark law.<\/li>\n<li>Prior UDRP panels have held, the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use.<\/li>\n<\/ul>\n<p>Therefore, the Complainant claims the disputed domain name was registered and being used in bad faith.<\/p>",
    "other_legal_proceedings": "<p>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": "<p><span>The Complainant's contentions are summarized in the Factual Background section above.<\/span><\/p>\n<p>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.&nbsp;<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2023-04-12 00:00:00",
    "informal_english_translation": "<p>In this proceeding the Complainant relies on the following trademark registrations with the &ldquo;CA&rdquo; word element:<\/p>\n<ul>\n<li>The French trademark registration &ldquo;CA&rdquo; (figurative) No. 1381908, date of filing is November 28, 1986;<\/li>\n<li>The French trademark registration &ldquo;CA&rdquo; (figurative) No. 3454608, date of filing is October 5, 2006; and<\/li>\n<li>The International trademark registration &ldquo;CA&rdquo; (figurative) No. 933604, registration date is March 23, 2007 and effective inter alia in Switzerland, China, the Czech Republic, Vietnam, the European Union and the US.<\/li>\n<\/ul>\n<p>The Complainant also refers to domain names owned by the Complainant that incorporate its &ldquo;CA&rdquo; trademark, including &lt;ca-assurances.com&gt; used by one of the Complainant&rsquo; subsidiaries.<\/p>",
    "decision_domains": {
        "app-web-ca-assurances.site": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}