{ "case_number": "CAC-UDRP-106106", "time_of_filling": "2023-12-27 09:41:43", "domain_names": [ "bnpparibas.fun" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BNP PARIBAS" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Esteban Gouilly" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n

THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS<\/strong><\/p>\n

The Complainant states that it is an international banking group with a presence in 65 countries, and one of the largest banks in the world. The Complainant claims to have 190,000 employees and €10.2 billion in net profit and that it is a leading bank in the Eurozone and a prominent international banking institution.<\/p>\n

The disputed domain name was registered on December 10, 2023 and resolves to an inactive website.<\/p>\n

The Complainant contends the disputed domain name is identical to its “BNP PARIBAS” trademark as the trademark is included in its entirety in the disputed domain name. The addition of the new gTLD <.fun> does not change the overall impression of the designation as being connected to the trademarks of the Complainant and does not prevent the likelihood of confusion.<\/p>\n

THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME<\/strong><\/p>\n

The Complainant asserts that the Respondent is not known as the disputed domain name in the Whois database, and has not acquired trademarks mark rights in relation to this term.<\/p>\n

The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and that he is not related in any way to the Complainant’s business.<\/p>\n

The Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way to use the trademark “BNP PARIBAS”. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n

The Complainant contends that the Respondent did not use the disputed domain name, and non-use confirms that the Respondent has no demonstrable plan to use the disputed domain name and does not have any legitimate interest in respect of the disputed domain name.<\/p>\n

THE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH<\/strong><\/p>\n

The Complainant’s submissions on the bad faith element of the UDRP can be summarized as follows:<\/p>\n

    \n
  1. The disputed domain name includes a well-known and distinctive trademark “BNP PARIBAS” and is identical to Complainant’s mark. The Complainant refers to previous UDRP decisions where its “BNP PARIBAS” trademark is recognized as well-known.<\/li>\n
  2. Given the distinctiveness of the Complainant's trademark and its reputation, it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of Complainant's rights.<\/li>\n
  3. The Complainant relies on the passive holding doctrine and the “Telstra” decision (WIPO Case No. D2000-0003, “Telstra Corporation Limited v. Nuclear Marshmallows<\/em><\/strong>”<\/em>). 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.<\/li>\n<\/ol>\n

    Therefore, the Complainant claims the disputed domain name was registered and being used in bad faith.<\/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": "

    The Complainant's contentions are summarized in the Factual Background section above.<\/span><\/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": [ "Igor Motsnyi" ], "date_of_panel_decision": "2024-01-19 00:00:00", "informal_english_translation": "

    In this proceeding the Complainant relies on the following trademark registrations:<\/p>\n

      \n
    • International trademark registration under the Madrid system “BNP PARIBAS” (word) No. 728598, registration date is February 23, 2000, protected inter alia <\/em>in Australia, Bulgaria, China, the Czech Republic, Norway, Poland, Turkey and Switzerland;<\/li>\n
    • International trademark registration under the Madrid system “BNP PARIBAS” (word and device) No. 745220, registration date is September 18, 2000, protected inter alia <\/em>in Algeria, Bulgaria, China, the Czech Republic, Hungary, Japan, Poland, Russia, Turkey and Ukraine; and<\/li>\n
    • International trademark registration under the Madrid system “BNP PARIBAS” (word) No. 876031, registration date is November 24, 2005, protected inter alia <\/em>in Algeria, Australia, China, Croatia, Cuba, Japan, Morocco, Republic of Korea, Switzerland and USA.<\/li>\n<\/ul>\n

      The Complainant also refers to various domain names that incorporate the “BNP PARIBAS” trademark, including <bnpparibas. com> registered since September 2, 1999.<\/p>", "decision_domains": { "bnpparibas.fun": "TRANSFERRED" }, "panelist": null, "panellists_text": null }