{ "case_number": "CAC-UDRP-106239", "time_of_filling": "2024-02-08 09:23:04", "domain_names": [ "amndm.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "AMUNDI ASSET MANAGEMENT" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Egor Avramenko" ], "respondent_representative": null, "factual_background": "

The Complainant is French asset management company with offices in Europe, Asia-Pacific, the Middle East and the Americas. Globally, it ranks in the top 10 asset management companies. The Complainant owns the trademark AMUNDI. It also owns the domain name <amundi.com>, registered on 26 August 2004.<\/p>\n

The Respondent registered the disputed domain name on 17 October 2023, using a privacy service. The disputed domain name redirects to a website offering services that compete with those of 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:<\/p>\n

The Complainant contends that the disputed domain name is confusingly similar its trademark AMUNDI. It asserts that the misspelling of the trademark is not sufficient to escape the finding that the disputed domain name is confusingly similar to the AMUNDI trademark.<\/p>\n

The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name and states that:<\/p>\n

    \n
  1. the Respondent is not known as the disputed domain name;<\/li>\n
  2. the Respondent is not related to the Complainant, has no business with the Complainant and is not authorised to use the trademark AMUNDI;<\/li>\n
  3. the disputed domain name points to a website under the name “AMUNDIM”, dedicated to trading and financial services in competition with the Complainant; and<\/li>\n
  4. \n

    the Respondent does not use the disputed domain name for any bona fide offering of goods or services, nor for any legitimate non-commercial or fair use.

    <\/p>\n<\/li>\n<\/ol>\n

    The Complainant asserts that the disputed domain name was registered and is being used in bad faith and states that:<\/p>\n

      \n
    1. the disputed domain name is confusingly similar to its well-known trademark AMUNDI;<\/li>\n
    2. the misspelling of AMUNDI was intentionally designed to be confusingly similar with the Complainant’s trademark;<\/li>\n
    3. given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent registered the disputed domain name with full knowledge of the Complainant's trademark;<\/li>\n
    4. the disputed domain name points to a website that gives the name “Amundim LTD”, purporting to be the Complainant’s competitor; and<\/li>\n
    5. the Respondent registered and used the disputed domain name to attract Internet users, and possibly to offer fraudulent services while impersonating Complainant, or to disrupt Complainant’s business by offering services in direct competition with Complainant.<\/li>\n<\/ol>\n

      RESPONDENT:<\/p>\n

      No administratively compliant Response has been filed.<\/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": "

        \n
      1. 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.<\/li>\n<\/ol>", "decision": "Accepted", "panelists": [ "Veronica Bailey" ], "date_of_panel_decision": "2024-03-13 00:00:00", "informal_english_translation": "

        The Complainant owns the International trademark registration number 1024160 for AMUNDI, registered on 24 September 2009.<\/p>", "decision_domains": { "amndm.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }