The Complainant was founded in 1822. It holds strong positions in all its activities around three business lines: Transportation and Logistics, Communication and Media, Electricity Storage and solutions.<\/p>\n
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. This stable majority control of its capital allows the Group to develop a long-term investment policy. In addition to its activities, the Group manages a number of financial assets including plantations and financial investments.<\/p>\n
Its subsidiary BOLLORE ENERGY is a player in oil distribution and oil logistics in France, Switzerland and Germany. <\/p>\n
The Complainant is the owner of several trademarks including the term “BOLLORE” and \"BOLLORE ENERGY\".<\/p>\n
The disputed domain name was registered on March 17, 2023 and resolves to a parking page with commercial links.<\/p>\n
The disputed domain name is in the view of the Complainant confusingly similar to the Complainant’s trademark BOLLORE ENERGY. The addition of the geographic name NANTES is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark BOLLORE ENERGY. It does not in the view of the Complainant change the overall impression of the designation as being connected to the Complainant’s trademark BOLLORE ENERGY and therefore does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademark.<\/p>\n
Moreover, the Complainant contends that the addition of the generic Top-Level Domain suffix “.COM” does not change the overall impression of the designation as being connected to the trademark BOLLORE ENERGY. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain names associated.<\/p>\n
Therefore, the Complainant contends that the disputed domain name is confusingly similar to Complainant’s trademark BOLLORE ENERGY<\/strong>.<\/strong><\/p>\n The Complainant asserts that the Respondent is not known as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name. Thus, the Respondent is not known as the disputed domain name. <\/p>\n The Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n Moreover, neither licence nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BOLLORE ENERGY or apply for registration of the disputed domain name by the Complainant.<\/p>\n Furthermore, the disputed domain name resolves to a parking page with commercial links. <\/em><\/p>\n Accordingly, the Respondent has no rights or legitimate interests to the disputed domain name.<\/strong><\/p>\n The Complainant states that the disputed domain name is confusingly similar to its distinctive trademark and the domain name associated.<\/p>\n Besides, the disputed domain name also comprises the trademark BOLLORE. Past panels have confirmed the notoriety of the Complainant and its trademark BOLLORE. <\/p>\n Moreover, the Complainant has activities worldwide and is one of the 500 largest companies in the world.<\/p>\n Finally, all the Google results for the terms “BOLLORE ENERGY NANTES” refers to the Complainant’ subsidiary BOLLORE ENERGY, especially its establishment based in Nantes, France.<\/p>\n On those facts, given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer in the view of Complainant that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks. <\/p>\n Furthermore, the disputed domain name resolves to a parking page with commercial links. The Complainant contends the Respondent has attempt to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is an evidence of bad faith.<\/p>\n Consequently, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/strong><\/p>\n <\/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´s contentions are summarised above.<\/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": [
"Jan Schnedler"
],
"date_of_panel_decision": "2023-04-19 00:00:00",
"informal_english_translation": " The Complainant is the owner of several trademarks including the term “BOLLORE”, such as the international trademark registration BOLLORE n. 704697. Besides, the Complainant owns the international trademark registration BOLLORE ENERGY n. 1303490. The Complainant also owns and communicates on the Internet through various domain names, such as <bollore-energy.com>, registered on September 30, 2015.<\/p>",
"decision_domains": {
"bolloreenergynantes.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}