{ "case_number": "CAC-UDRP-105976", "time_of_filling": "2023-11-15 10:08:43", "domain_names": [ "bnpparibus.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BNP PARIBAS" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Milen Radumilo (Milen Radumilo)" ], "respondent_representative": null, "factual_background": "

The Complainant is an international banking group present in 64 countries, and one of the largest banks in the world<\/span>. It has almost 184,000 employees across 64 locations worldwide and €50.4 billion in revenues. Information about the Complainant's products and services is available online at <group.bnpparibas>.<\/span><\/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:<\/span><\/p>\n

The Complainant argues that the disputed domain name is confusingly similar to the Trademark as the substitution of the letter “A” by the letter “U” in the Trademark is not sufficient to escape the finding of confusing similarity. It also states that the present case is a clear case of typosquatting.<\/span>

The Complainant further alleges that the Respondent has no rights or legitimate interests in the disputed domain name. The Complainant points out that the Respondent is not identified in the Whois as the disputed domain name, that the Respondent has no rights or legitimate interests in the disputed domain name and is not related to the Complainant in any way, that the Respondent has not been granted any authorization to use the trademark, that the fact that the Respondent has engaged in typosquatting is evidence that the Respondent lacks rights and legitimate interests in the disputed domain name, and that the Respondent's use of the disputed domain name in connection with a parking site containing commercial links is not a bona fide<\/em> offering of goods or services or a legitimate noncommercial or fair use.
<\/span><\/p>\n

Finally, the Complainant alleges that the disputed domain name was registered and is being used in bad faith. The Complainant argues that the Trademark is well known, as confirmed by prior panels under the UDRP, and that it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant's rights in the Trademark. Further, the Complainant argues that the misspelling of the Trademark is designed to be confusingly similar to the Trademark and that the Respondent is intentionally targeting the Complainant. With respect to bad faith use, the Complainant argues that the Respondent has attempted to attract Internet users to its website for commercial gain and that the Respondent has demonstrably used the disputed domain name in a phishing scheme, both of which are clear evidence of bad faith use.<\/p>\n

RESPONDENT:<\/p>\n

No administratively compliant Response has been filed.<\/span><\/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": [ "Peter Müller" ], "date_of_panel_decision": "2023-12-12 00:00:00", "informal_english_translation": "

The Complainant is inter alia<\/em> the proprietor of the <\/span>international trademark registration no. 876031 \"BNP Paribas\", registered on November 24, 2005, for various goods and services in classes 9, 35, 36, and 38 <\/span>(hereinafter referred to as the \"Trademark\").<\/span><\/p>", "decision_domains": { "bnpparibus.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }