{
    "case_number": "CAC-UDRP-107181",
    "time_of_filling": "2024-12-16 09:54:06",
    "domain_names": [
        "bolloregroupe.org"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOLLORE SE"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Michael  Osterloh (HOSTAFRICA)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>Complainant states that it was founded in 1822, &ldquo;holds strong positions in all its activities around three business lines, Transportation and Logistics, Communication &nbsp;and Industry,&rdquo; &ldquo;is one of the 500 largest companies in the world,&rdquo; is &ldquo;[l]isted on the Paris Stock Exchange,&rdquo; has &ldquo;more than 76,000 employees worldwide,&rdquo; and &ldquo;has a revenue of 13,679 million euros, with a shareholders&rsquo; equity of 36,406 million euros based on the results in 2023.&rdquo;<\/p>\n<p>The Disputed Domain Name was created on December 12, 2024, and &ldquo;resolves to a website template&rdquo; that, as shown in an annex included with the Complaint, includes boilerplate or placeholder content, including text that says, &ldquo;Additional sentence can be added here for additional supporting details about heading or to divide one lengthy supporting detail into separate, easier-to-read sentence,&rdquo; &ldquo;Lorem Ipsum has been the industry&rsquo;s standard dummy text ever since the 12500s, when an unknown printer took a galley&rdquo; and &ldquo;I&rsquo;m a paragraph. Go to SitePad Editor to add your own text and edit me. I&rsquo;m a great place for you to tell a story and let your users know a little more about you.&rdquo; MX records have been created for the Disputed Domain Name.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>Complainant contends, in relevant part, as follows:<\/p>\n<p>Paragraph 4(a)(i): Complainant states that it has rights in the BOLLORE Trademark based on the registration cited above; and that the Disputed Domain Name is confusingly similar to the BOLLORE because the Disputed Domain Name contains the BOLLORE Trademark in its entirety plus the word &ldquo;groupe&rdquo; (French for &ldquo;group&rdquo;), which &ldquo;is not sufficient to avoid the likelihood of confusion&rdquo; and &ldquo;does not change the overall impression of the designation as being connected to the Complainant&rsquo;s trademark.&rdquo;<\/p>\n<p>Paragraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, &ldquo;Respondent is not known as the disputed domain name&rdquo;; &ldquo;Respondent is not affiliated with nor authorized by BOLLORE in any way&rdquo;; &ldquo;Complainant does not carry out any activity for, nor has any business with the Respondent&rdquo;; and &ldquo;the disputed domain name points to a template of website&hellip;, &nbsp;which presumes a lack of legitimate interests.&rdquo;<\/p>\n<p>Paragraph 4(a)(iii): Complainant states that the Disputed Domain Name was registered and is being used in bad faith because, inter alia, &ldquo;given the distinctiveness of the Complainant&rsquo;s international trademark, the Complainant claims that the Respondent has registered the domain name in knowledge of the Complainant, which evidences bad faith&rdquo;; &ldquo;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 domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, an infringement of the Complainant&rsquo;s rights under trademark law, or an attempt to attract, for commercial gain, Internet users to his own website, by creating a likelihood of confusion with Complainant&rsquo;s trademark as to the source, sponsorship, affiliation or endorsement of Respondent's website&rdquo;; &ldquo;the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use&rdquo;; and &ldquo;the MX servers are configured&hellip; which suggests that it may be actively used for email purposes.&rdquo;<\/p>\n<p>No administratively compliant response has been filed. However, CAC received an e-mail from the Registrar stating: &ldquo;The client has requested us to delete the domain bolloregroupe.org[.] Hope we don&rsquo;t need to [sic] the Dispute Resolution now.&rdquo;<\/p>",
    "rights": "<p>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 UDRP).<\/p>",
    "no_rights_or_legitimate_interests": "<p>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 UDRP).<\/p>",
    "bad_faith": "<p>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 UDRP).<\/p>",
    "procedural_factors": "<p>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": [
        "Douglas Isenberg"
    ],
    "date_of_panel_decision": "2025-01-20 00:00:00",
    "informal_english_translation": "<p>Complainant states, and provides documentation in support thereof, that it &ldquo;is the owner of several trademarks including the term &lsquo;BOLLORE&rsquo;,&rdquo; including Int&rsquo;l Reg. No. 704697 for BOLLORE (registered December 11, 1998) (the &ldquo;BOLLORE Trademark&rdquo;).<\/p>",
    "decision_domains": {
        "bolloregroupe.org": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}