{ "case_number": "CAC-UDRP-105717", "time_of_filling": "2023-08-22 09:48:27", "domain_names": [ "onmicrosoft-bollore.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOLLORE SE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "ENP Multimedia & Art Production Ltd" ], "respondent_representative": null, "factual_background": "

The Complainant was founded in 1822 and now holds strong positions in all its activities around three business lines: Transportation and Logistics, Communication and Media, Industry. 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.<\/span><\/p>\n

The Complainant owns and communicates on the Internet through various domain names, such as <bollore.com>, registered on 25 July 1997.<\/span><\/p>\n

The disputed domain name was registered on 11 August 2023 and resolves to a parking page with commercial links.<\/span><\/p>\n

The Registrar confirmed that the Respondent is the current registrant of the disputed domain name and that the language of the registration agreement is English.<\/span><\/p>\n

The Respondent has not filed a Response.<\/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": "

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>\n

The Complainant made the following contentions:<\/span><\/p>\n

The Complainant contends that the disputed domain name is confusingly similar to the trademark “BOLLORE” and that the disputed domain name includes it in its entirety. The Complainant asserts that the addition of the term “on microsoft” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark and branded goods “BOLLORE”. It does not change the overall impression of the designation as being connected to the Complainant’s trademark. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and the domain name associated. Finally, the Complainant points out that prior panels confirmed its rights (e.g. CAC Case No. 104218 and CAC Case No. 103749).<\/p>\n

The Complainant then points to the established case law on a prima facie case and the reversal of burden of proof to the Respondent. The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name and that it is consequently not known as the disputed domain name. 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. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark or apply for registration of the disputed domain name by the Complainant.<\/span><\/p>\n

Furthermore, the Complainant notes that the disputed domain name resolves to a registrar parking page with commercial links and that past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use. Thus, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/span><\/p>\n

Turning to the bad faith argument, the Complainant states that the disputed domain name is confusingly similar to its distinctive trademark and the domain name associated. The disputed domain name comprises the trademark “BOLLORE” in respect of which past panels confirmed notoriety (CAC Case No. 102015 and CAC Case No. 101696). Given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademarks.<\/p>\n

Furthermore, the disputed domain name resolves to a registrar parking page with commercial links. The Complainant contends the Respondent has attempted to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is evidence of bad faith (as confirmed by previous panels). The Complainant contends that the Respondent has registered the disputed domain name and is using it in bad faith.<\/span><\/p>\n

<\/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": [ "Vojtěch Chloupek" ], "date_of_panel_decision": "2023-09-14 00:00:00", "informal_english_translation": "

The Complainant submitted evidence that it is the registered owner of the international registration no. 704697 for „Bolloré“ (logo) registered on 11 December 1998 in classes 16, 17, 34, 35, 36, 38 and 39 designating numerous countries around the world and having its basic registration in France.<\/p>", "decision_domains": { "onmicrosoft-bollore.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }