URS DEFAULT DETERMINATION

 

BNP PARIBAS v. Data Protected

Claim Number: FA2109001962032

 

DOMAIN NAME

<bnpparibas.fun>

 

PARTIES

Complainant:  BNP PARIBAS of PARIS, France.

Complainant Representative: Nameshield of Angers, France.

 

Respondent:  Data Protected Data Protected of Kirkland, Washington, US.

 

REGISTRY and REGISTRAR

Registry:  DotSpace Inc.

Registrar:  eNom, LLC

 

EXAMINER

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.

 

Alan L. Limbury, as Examiner.

 

PROCEDURAL HISTORY

Complainant submitted: September 1, 2021

Commencement: September 2, 2021   

Default Date: September 17, 2021

 

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").

 

RELIEF SOUGHT

Complainant requests that the domain name be suspended for the life of the registration.

 

STANDARD OF REVIEW

Clear and convincing evidence.

 

FINDINGS and DISCUSSION

 

The Complainant and its distinctive trademark “BNP PARIBAS” are known as one of the most famous banks in the world. The <bnpparibas.fun> domain name was registered on July 19, 2021. It does not resolve to an active website.

 

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:

 

[URS 1.2.6.1] The registered domain name is identical or confusingly similar to a word mark:

(i) for which the Complainant holds a valid national or regional registration and that is in current use; or

(ii) that has been validated through court proceedings; or

(iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

 

Determined: Finding for Complainant 

Complainant is the owner of International Trademark No. 728598 BNP PARIBAS in several international classes, registered on February 23, 2000. Complainant registered the BNP PARIBAS mark with the Trademark Clearinghouse on October 23, 2013. This establishes that the mark is in current use.

 

The disputed domain name <bnpparibas.fun> is identical to Complainant’s BNP PARIBAS mark since it contains the mark in its entirety. The gTLD “.fun” may be disregarded when considering this element.

 

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

 

Determined: Finding for Complainant 

Complainant asserts that it has not authorized Respondent to use its BNP PARIBAS mark nor to register the <bnpparibas.fun> domain name and is not affiliated with Respondent. Respondent is not commonly known by the domain name.

 

The Examiner finds that the <bnpparibas.fun> domain name is not being used for a bona fide offering goods or services since it resolves to a “Ce site est inaccessible” default website. Complainant’s BNP PARIBAS trademark has been famous for many years before the <bnpparibas.fun> domain name was registered. As a whole (i.e. including the gTLD “.fun”) the domain name <bnpparibas.fun>  creates the misleading impression that the domain name is authorized and approved by Complainant. These circumstances establish that the Registrant does not have a legitimate right or interest to the <bnpparibas.fun> domain name.

 

[URS 1.2.6.3] The domain name was registered and is being used in bad faith.

 

Determined: Finding for Complainant

The Examiner finds that Respondent must have had knowledge of Complainant´s famous BNP PARIBAS trademark when registering the <bnpparibas.fun> domain name and did so in bad faith in order to masquerade as Complainant. As in the leading UDRP case on passive use, Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003, it is not possible to conceive of any plausible actual or contemplated active use of the <bnpparibas.fun> domain name by Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation or an infringement of Complainant’s rights under trademark law. It follows that the <bnpparibas.fun> domain name was registered and is being used in bad faith. 

 

DETERMINATION

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.fun>.

 

 

 

Alan L. Limbury, Examiner

Dated:  September 18, 2021