BNP PARIBAS v. REDACTED FOR PRIVACY
Claim Number: FA1912001873401
Complainant: BNP PARIBAS of PARIS 09, France.
Complainant Representative:
Complainant Representative: Nameshield of Angers, France.
Respondent: Data Protected Limited of HONGKONG, International, HK.
Respondent Representative: «cFirstName» «cMiddle» «cLastName»
REGISTRIES and REGISTRARS
Registries: Minds + Machines Group Limited
Registrars: ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
James Bridgeman SC, as Examiner.
Complainant submitted: December 2, 2019
Commencement: December 3, 2019
Default Date: December 18, 2019
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.
Complainant has provided convincing evidence of its ownership of the international trademark BNPPARIBAS n° 728598, registered on February 23, 2000.
This trademark is also registered in the TMCH since October 23th, 2013.
The addition of the new gTLD suffix ".LUXE" is not sufficient to escape the finding that the domain name is identical to Complainant's trademark BNP PARIBAS in which Complainant has rights.
The addition of the new gTLD ".LUXE" does not change the overall impression of the designation as being connected to the Complainant’s trademark nor does not prevent the likelihood of confusion between the disputed domain name and the Complainant´s trademark.
Complainant has provided convincing submissions that Respondent has no rights or legitimate interests in the disputed domain name and is not related to the Complainant’s business. Complainant has not authorized Respondent’s use of its mark and has no affiliation with Respondent. The website to which the disputed domain name <bnpparibas.luxe> resolves is currently inactive.
Respondent has not demonstrated any preparation to use the disputed domain name in connection with a bona fide offering of goods or services. In such circumstances the burden of production shifts to Respondent to prove that it has such rights. Respondent has failed to discharge the burden so it follows that Complainant has made out by clear and convincing evidence that Respondent has no rights or legitimate interests in the disputed domain name.
Complainant has clearly and convincingly argued that given the notoriety of Complainant and its distinctive trademark, on the balance of probabilities the registrant was aware of Complainant and is reputation and trademark when registering the disputed domain name.
There is no reasonable explanation as to why the disputed domain name, which is being passively held, was chosen and registered except to reference and take predatory advantage of Complainant’s pre-existing trademark rights.
Complainant has made out a clear, convincing and undisputed argument that Respondent has registered the disputed domain name in order to prevent the trademark holder or service mark from reflecting the trademark in a corresponding domain name.
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name be SUSPENDED for the duration of the registration:
<bnpparibas.luxe>
James Bridgeman, Examiner
Dated: December 18, 2019
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