The Complainant, AMUNDI ASSET MANAGEMENT (please see their website at: www.amundi.com) is Europe's number one asset manager by assets under management and has offices in Europe, Asia-Pacific, the Middle-East and the Americas. With over 100 million retail, institutional and corporate clients, the Complainant ranks in the top 10 globally.<\/p>\n
The Complainant also owns domain names, including the trademark “AMUNDI”, such as <amundi.com>, registered and used since August 26th, 2004. <\/p>\n
The disputed domain name <nhamundi.com> was registered on March 9th, 2024. It redirects to a registrar parking page with commercial links on the website http:\/\/iyfbodn.com. Besides, the domain name is offered for sale for 2,880 USD.<\/p>", "other_legal_proceedings": "
The Panel is unaware of any other pending or decided legal proceedings relating to the disputed domain name.<\/p>", "no_response_filed": "
COMPLAINANT:<\/p>\n
1. The domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights<\/p>\n
The Complainant contends that the disputed domain name is confusingly similar to the trademark AMUNDI. Indeed, the disputed domain name contains the Complainant’s trademark AMUNDI in its entirety.<\/p>\n
The addition of the letters “NH” is not sufficient to avoid the likelihood of confusion. It does not change the overall impression of the designation as being connected to the Complainant’s trademark. Thus, there is a likelihood of confusion between the disputed domain name and the Complainant’s trademark.<\/p>\n
It is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP”.<\/p>\n
On the contrary, the addition of these letters reinforces the risk of confusion as it refers to the Complainant’s joint venture “NH-AMUNDI ASSET MANAGEMENT”, an asset manager operating in Korea with a net income of 26,585 million in 2022.<\/p>\n
It is also well established that the TLD “.COM” is viewed as a standard registration requirement and as such is disregarded.<\/p>\n
Finally, the Complainant’s rights over the term “AMUNDI” have been confirmed by previous Panels.<\/p>\n
Thus, the disputed domain name is confusingly similar to a trademark in which the Complainant has rights.<\/p>\n
2. The Respondent has no rights or legitimate interests in respect of the domain name<\/p>\n
The Complainant asserts that the Respondent is not known as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name. Thus, the Respondent is not known as the disputed domain name.<\/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. The Complainant contends that the Respondent is not affiliated with him nor authorized by him in any way to use the trademark “AMUNDI”. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n
Furthermore, the disputed domain name redirects to a parking page with commercial links. Past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use.<\/p>\n
Finally, the disputed domain name is offered for sale for 2,880 USD. The Complainant contends this general offer to sell the disputed domain name evidences the Respondent’s lack of rights or legitimate interest.<\/p>\n
Accordingly, the Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/p>\n
<\/p>\n
3. The domain name was registered and is being used in bad faith<\/p>\n
The Complainant states that the disputed domain name is confusingly similar to its trademark “AMUNDI” and domain names associated. The Complainant contends the trademark “AMUNDI” is well-known.<\/p>\n
Besides, the addition of the letters “NH” cannot be coincidental, as it refers to the Complainant’s joint venture NH AMUNDI ASSET MANAGEMENT.<\/p>\n
Thus, given the distinctiveness of the Complainant's trademark 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 redirects to a parking page with commercial links. The Complainant contends the Respondent has attempt to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is an evidence of bad faith.<\/p>\n
Finally, the disputed domain name is offered for sale for 2,880 USD. The Complainant contends that the Respondent has registered the disputed domain name only in order to sell it back for out-of-pockets costs, which evinces bad faith registration and use.<\/p>\n
On these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n
<\/p>\n
RESPONDENT<\/p>\n
No administratively compliant Response was filed.<\/p>", "rights": "
To the satisfaction of the Panel, the Complainant has shown that the disputed domain name is identical or confusingly similar to the trademark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "
To the satisfaction of the Panel, the Complainant has 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": "
To the satisfaction of the Panel, the Complainant has 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": [ "Rodolfo Rivas Rea" ], "date_of_panel_decision": "2024-04-15 00:00:00", "informal_english_translation": "
The Complainant owns the international trademark n°1024160 “AMUNDI” registered since September 24th, 2009.<\/p>", "decision_domains": { "nhamundi.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }