BNP PARIBAS v. MONTEL RUDOLPH
Claim Number: FA1605001674560
Complainant: BNP PARIBAS of PARIS, France.
Complainant Representative: Nameshield of Angers, France.
Respondent: MONTEL ALAIN RUDOLPH of Fiji, International, FJ.
REGISTRIES and REGISTRARS
Registries: City of Paris
Registrars: One.com A/S
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.
Honorable Charles K. McCotter, Jr., as Examiner.
Complainant submitted: May 12, 2016
Commencement: May 12, 2016
Default Date: May 27, 2016
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.
[URS 126.96.36.199] The registered domain name(s) is/are 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.
[URS 188.8.131.52] Registrant has no legitimate right or interest to the domain name.
[URS 184.108.40.206] The domain name(s) was/were registered and is being used in bad
a. Registrant has registered or acquired the domain name primarily for the
purpose of selling, renting or otherwise transferring the domain name
registration to the complainant who is the owner of the trademark or service
mark or to a competitor of that complainant, for valuable consideration in excess
of documented out-of pocket costs directly related to the domain name; or
b. Registrant has registered the domain name in order to prevent the
trademark holder or service mark from reflecting the mark in a corresponding
domain name, provided that Registrant has engaged in a pattern of such
c. Registrant registered the domain name primarily for the purpose of
disrupting the business of a competitor; or
d. By using the domain name Registrant has intentionally attempted to attract
for commercial gain, Internet users to Registrant’s 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 Registrant’s web
site or location or of a product or service on that web site or location.
IDENTICAL OR CONFUSINGLY SIMILAR
Complainant, BNP PARIBAS , a bank in Paris, France, has rights in the International trademark BNP PARIBAS, n° 728598, registered on February 2nd 2000. This trademark is also registered in the TMCH since October 23th, 2013. The domain name <bnp-paribas.paris> is identical to the trademark BNP PARIBAS except for the addition of the new top level domain (“gTLD”) “.paris,” and, therefore, is identical to the trademark under URS Procedure 220.127.116.11(i).
RIGHTS OR LEGITIMATE INTERESTS
REGISTRATION AND USE IN BAD FAITH
Respondent had actual knowledge of Complainant’s "BNP PARIBAS" trademark when registering the <bnp-paribas.paris> domain name. Respondent has not made active use of the domain name since registration. Respondent has engaged in bad faith registration and use of the domain name under USR Procedure 18.104.22.168.
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.
Honorable Charles K. McCotter Jr., (Ret.), Examiner
Dated: May 31, 2016
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