Westmore · UDRP DecisionCredits-agricole.com
The Panel ordered transfer of credits-agricole.com, finding it confusingly similar to the CREDIT AGRICOLE marks because the additional “s” did not avoid similarity. It also found that the Respondent lacked rights or legitimate interests and had registered and used the domain in bad faith to attract Internet users for commercial gain through confusion with the Complainant’s mark.
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The Panel found that the Respondent registered the confusingly similar domain with awareness of the Complainant’s known marks and used it intentionally to attract Internet users for commercial gain by creating confusion as to source, sponsorship, affiliation, or endorsement.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
Case number CAC-UDRP-100984 Time of filing 2015-04-29 15:42:03 Domain names Credits-agricole.com Case administrator Name Lada Válková (Case admin) Complainant Organization CREDIT AGRICOLE S.A. Complainant representative Organization Nameshield (Anne Morin) Respondent Organization Cyril willaims Other Legal Proceedings Other pending proceedings between the parties are not known to the Panel. Identification Of Rights The Complainant is proprietor of several trademarks for „Credit Agricole“, among them the Community Trademark 006456974 applied for on November 13, 2007 and registered on October 23, 2008 in classes 9, 16, 35, 36, 38, 42 as well as International Registration 1064647 registered on January 4, 2011 in classes 9, 16, 35, 36, 38, 42 in several countries. Factual Background FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT: 1. The Complainant is a leading retail bank resident in France and is active in France and throughout the world. Despite several trademarks for Credit Agricole it is also the proprietor of several domain names incorporating „Credit Agricole“ such as CREDIT-AGRICOLE.net. 2. The Respondent registered the disputed domain name on April 21, 2015 where a parking page is displayed. Parties Contentions PARTIES' CONTENTIONS: COMPLAINANT: The Complainant contends that the disputed domain name is confusingly similar to the trademarks of Complainant. The additional „s“ is not sufficient to avoid a confusing similarity. Furthermore, it is a typical case of typosquatting. The Complainant contends that it never authorized Respondent to use the disputed domain name or is affiliated with the Respondent. Due to, inter alia, the reputation of Complainant´s trademarks confirmed by other ADR panels such as in the case CAC 100688 Credit Agricole S.A. v. Empark, it must be assumed that the disputed domain name was registered and used with full knowledge of the Complainant. The given typosquatting shows bad faith using the disputed domain name. RESPONDENT: NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. Rights The Complainant has, to the satisfaction of the Panel, shown the 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). 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 Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy). Bad Faith The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy). 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. Principal Reasons for the Decision The Complainant has, to the satisfaction of the Panel, shown the Domain Name being confusingly similar to a trade marks in which the Complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy). The additional „s“ in the disputed domain name does not change the assumption of confusing similarity. The Panel therefore considers the Domain Name in question to be confusingly similar to the trademarks in which the Complainants have rights in accordance with paragraph 4(a)(i) of the Policy. The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy). The Respondent has no rights in the Domain Name since the Respondent is not a licensee of the Complainant nor has the Complainant granted any permission or consent to the Respondent to use its trademarks. Furthermore, the Respondent has no legitimate interest in the Domain Name since there is no indication that the Respondent is commonly known by the name reflecting the trademarks or by „credits-agricole“ nor that the Respondent is using the Domain Name in connection with a bona fide offering of related goods or services. The Panel therefore finds that the Respondent does not have rights or legitimate interests in the Domain Name. The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy) by registering a confusingly similar domain name being aware of the known trademarks of Complainant and having used the domain name by intentionally attempting to attract, for commercial gain, Internet users to his web site or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his web site or location or of a product or service on his web site or location. The Panel therefore considers the Domain Name to has been registered and used in bad faith in accordance with paragraph 4(a)(iii) of the Policy under the present circumstances. For all the reasons stated above, the Complaint is Accepted and the disputed domain name(s) is (are) to be CREDITS-AGRICOLE.COM: Transferred PANELLISTS Name Dietrich Beier Date of Panel Decision 2015-06-15 Publish the Decision
Source of record: CAC . Reproduced for research; CAC is the authoritative source.
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