{ "case_number": "CAC-UDRP-106406", "time_of_filling": "2024-04-03 10:25:14", "domain_names": [ "bollorelogistics.company" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOLLORE SE" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Tony Stone" ], "respondent_representative": null, "factual_background": "

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

Key aspects of the Complainant’s contentions are summarized below.<\/strong><\/p>\n

Complainant’s Background<\/strong><\/p>\n

The Complainant, founded in 1822, is a globally recognized company operating across three main business lines: Transportation and Logistics, Communication and Media, and Electricity Storage and Solutions. With a strong focus on innovation and international development, the company has established itself as one of the 500 largest companies in the world. The Complainant’s group has 56,000 employees and annual turnover of 20,266 million Euros in 2022. The Complainant’s subsidiary, BOLLORÉ LOGISTICS, is a leader in international transport and logistics, operating in 146 countries with over 15,000 employees.<\/p>\n

Registration of the disputed domain name<\/strong><\/p>\n

According to the Complainant, the disputed domain name <bollorelogistics.company<\/span>> was registered on March 30, 2024. However, according to the registrar verification, the disputed domain name was registered on January 21, 2024. For the purpose of this proceeding, the January 21, 2024 date as shown in the registrar verification shall be considered as the date of registration.  In any case, this discrepancy in the registration date does not have a material impact in the instant proceedings.<\/p>\n

 First UDRP Element - disputed domain name is Confusingly Similar to the Complainant’s Trademark<\/strong><\/p>\n

The Complainant asserts that the disputed domain name is identical to its trademark BOLLORÉ LOGISTICS.  <\/p>\n

The Complainant contends that the addition of the new gTLD “.COMPANY” does not change the overall impression of the designation as being connected to the Complainant’s trademark. The Complainant also mentions that past Panels have established the Complainant’s rights over the expression “BOLLORE LOGISTICS”, such as: CAC Case No. 102031, BOLLORE v. Donald Shillam ; CAC Case No. 101849, BOLLORE v. jorge villalva ; CAC Case No. 101714, BOLLORE v. Leny Gaspard. <\/span><\/p>\n

Second UDRP Element – The Respondent has no Rights or Legitimate Interests in the disputed domain name<\/strong><\/p>\n

The Complainant asserts that the Respondent is not known as the disputed domain name.<\/p>\n

Further, the Respondent is not a licensee, authorized agent, or related in any way to the Complainant, nor is authorized in any way to use the Complainant’s trademarks or to register or use the disputed domain name.<\/p>\n

The Complainant claims there is no evidence of demonstrable preparations to use nor actual use of the disputed domain name in connection with a bona fide offering of goods or services. Rather, the disputed domain name is inactive.<\/p>\n

Third UDRP Element – The disputed domain name was Registered and is Being Used in Bad Faith<\/strong><\/p>\n

The Complainant asserts that the disputed domain name is identical to its well-known and distinctive BOLLORÉ LOGISTICS trademark and the Complainant’s associated domain name, and that past panels have confirmed the notoriety thereof. Additionally, the Complainant claims that the Respondent has registered the disputed domain name in knowledge of the Complainant and that it has not demonstrated any activity in respect of the disputed domain name which is an inactive website. <\/p>\n

Lastly, the disputed domain name has active MX records, meaning that it can be used for email purposes. The Complainant suggests it may be actively used for email purposes. Thus, the Complainant contends that the disputed domain name was registered and is being used in bad faith.<\/span><\/p>\n

The above summarized facts and arguments asserted by the Complainant are not contested by the Respondent because no Response was filed.<\/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´s contentions are summarised above. The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/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": [ "Claire Kowarsky" ], "date_of_panel_decision": "2024-05-05 00:00:00", "informal_english_translation": "

The Complainant relies on its registered trademarks:<\/p>\n\n\n\n\n\n
\n

Mark<\/p>\n<\/td>\n

\n

Territory<\/p>\n<\/td>\n

\n

Registration No.<\/p>\n<\/td>\n

\n

Registration Date<\/p>\n<\/td>\n

\n

Classes<\/p>\n<\/td>\n<\/tr>\n

\n

BOLLORÉ LOGISTICS<\/span><\/p>\n

 <\/p>\n<\/td>\n

\n

WIPO<\/p>\n

Designations: JP, KR, NO, SG, TR, CH, CU, EG, RU, VN<\/span><\/p>\n

 <\/p>\n<\/td>\n

\n

1025892<\/span><\/p>\n<\/td>\n

\n

31\/07\/2009 <\/span><\/p>\n<\/td>\n

\n

35, 36, 39<\/p>\n<\/td>\n<\/tr>\n

\n

BOLLORÉ LOGISTICS<\/span><\/p>\n<\/td>\n

\n

WIPO<\/p>\n

Designations: AU, CO, EM, GH, GM, IN, JP, KH, KR, LA, MG, MX, NO, NZ, OM, PH, RW, SG, TN, TR, US, UZ, ZM, ZW, AZ, CH, CN, CU, DZ, EG, IR, KE, KZ, LI, LR, MA, MZ, NA, SD, SL, VN<\/span><\/p>\n<\/td>\n

\n

1302823<\/span><\/p>\n<\/td>\n

\n

27.01.2016<\/span><\/p>\n<\/td>\n

\n

04, 09, 35, 36, 39, 40, 42<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 Further, the Complainant operates its business using its domain name <bollore-logistics.com<\/span>>, registered since January 20, 2009.<\/span><\/p>", "decision_domains": { "bollorelogistics.company": "TRANSFERRED" }, "panelist": null, "panellists_text": null }