{ "case_number": "CAC-UDRP-105841", "time_of_filling": "2023-10-03 09:47:10", "domain_names": [ "cdc-habitation.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "CAISSE DES DEPOTS ET CONSIGNATIONS" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Lesaulnier Francis" ], "respondent_representative": null, "factual_background": "

The Complainant<\/strong> (Caisse Des Depots et Consignations), also known as “Caisse des Dépôts”, was founded in 1816 and it and its subsidiaries represent a major public financial institution with a strong identity. The Group is dedicated to serving public interest and its primary aim is to develop France.<\/p>\n

The disputed domain name<\/strong> was registered on 13 February 2023 and is held by the Respondent.<\/p>\n

The domain name website<\/strong> (i.e. website available under internet address containing the disputed domain name) resolves to the Complainant’s official website (www.cdc-habitat.fr<\/a>).<\/p>\n

An MX record for the disputed domain name specifies the mail server responsible for accepting e-mail messages on behalf of a disputed domain name. This indicates that he disputed domain name is capable of being used for e-mail purposes.<\/p>\n

The Complainant seeks transfer of the disputed domain name to the Complainant.<\/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:<\/strong><\/p>\n

A) CONFUSING SIMILARITY<\/span><\/p>\n

The Complainant states that:<\/p>\n

    \n
  1. The disputed domain name is confusingly similar to Complainant's Trademarks as they both incorporate the “CDC” and “CDC HABITAT” word elements of the Complainant’s trademarks in its entirety;

    <\/li>\n
  2. The addition of the suffix \"ATION” (being a generic suffix in the French language) is not sufficient to escape the finding that the disputed domain name is confusingly similar to Complainant's trademarks, as it does not prevent the likelihood of confusion between the disputed domain name and the Complainant and his business.<\/li>\n<\/ol>\n

    Thus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain name is clearly established.<\/p>\n

    The Complainant refers to previous domain names decisions in this regard.

    <\/p>\n

    B) NO RIGHTS OR LEGITIMATE INTERESTS<\/span><\/p>\n

    The Complainant states that:<\/p>\n

      \n
    1. The Respondent has not been commonly known by the disputed domain name;

      <\/li>\n
    2. The Complainant has not authorized, permitted or licensed the Respondent to use Complainants' trademarks in any manner. The Respondent has no connection or affiliation with any of the Complainants whatsoever. On this record, Respondent has not been commonly known by the disputed domain name;

      <\/li>\n
    3. The Complainant has not authorized, permitted or licensed the Respondent to use Complainants' trademarks in any manner. The Respondent has no connection or affiliation with the Complainant or its subsidiaries whatsoever. On this record, Respondent has not been commonly known by the disputed domain name.<\/li>\n<\/ol>\n

      Furthermore, the disputed domain name redirects to the Complainant’s official website. Consequently, the Respondent is not making a bona fide offering of (his own) goods or services by means of the disputed domain name, or a legitimate non-commercial or fair use of it. <\/p>\n

      The Complainant refers to previous domain names decisions in this regard.

      <\/p>\n

      C) BAD FAITH REGISTRATION AND USE<\/span><\/p>\n

      The Complainant states that:<\/p>\n

        \n
      1. \n

        Seniority of the Complainant's Trademarks predates the registration of the disputed domain name.<\/p>\n<\/li>\n

      2. \n

        Furthermore, the Complainant's Trademarks have received widespread recognition at least in France. Therefore, the Respondent, a French citizen, must have been aware of such trademarks and their reputation. This clearly indicates bad faith registration of disputed domain name by the Respondent.<\/p>\n<\/li>\n

      3. \n

        The disputed domain name redirects to the Complainant’s official website. This indicates that Respondent has knowledge of the Complainant’s rights to the CDC denomination, which is a hallmark of bad faith.<\/p>\n<\/li>\n

      4. \n

        MX servers are configured for the disputed domain name, which suggests that the disputed domain name may be actively used for e-mail purposes. However, it is inconceivable that the Respondent will be able to make any good faith use of the disputed domain name as part of an e-mail address.<\/p>\n<\/li>\n<\/ol>\n

        The Complainant refers to previous domain names decisions in this regard.<\/p>\n

         <\/p>\n

        RESPONDENT<\/strong>:<\/p>\n

        The Respondent has not provided any response to the Complaint.<\/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": [ "Jiří Čermák" ], "date_of_panel_decision": "2023-11-07 00:00:00", "informal_english_translation": "

        The Complainant is a registered owner of following trademarks containing a word element \"CDC” or “CDC HABITAT”:<\/p>\n

          \n
        • CDC (word), French national trademark, filing (priority) date 29 November 2005, trademark no. 3394569, registered for goods in the international classes 9, 14, 16, 18, 25, 28, 35, 36, 37, 38, 41, 42, and 43;<\/li>\n
        • CDC HABITAT (word), French national trademark, filing (priority) date 29 January 2018, trademark no. 4423780, registered for goods in the international classes 9, 16, 35, 36, 37, 38, 39, 41, 42, and 45;<\/li>\n<\/ul>\n

          besides other national or international (WIPO) trademarks consisting of the \"CDC\" or “CDC HABITAT” denominations.<\/p>\n

          (collectively referred to as \"Complainant's Trademarks<\/strong>\").<\/p>\n

          In addition, the Complainant also owns and communicates on the Internet through various domain names consisting of the CDC” or “CDC HABITAT” denominations.<\/p>", "decision_domains": { "cdc-habitation.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }