BOLLORE v. Cameron Jackson
Claim Number: FA1612001706884
Complainant is BOLLORE (“Complainant”), represented by Anne Morin of Nameshield, France. Respondent is Cameron Jackson (“Respondent”), Australia.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <bollore.us>, registered with Uniregistrar Corp.
The undersigned certifies that he has acted independently and impartially and, to the best of his knowledge, has no known conflict in serving as Panelist in this proceeding.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Complainant submitted a Complaint to the Forum electronically on December 12, 2016; the Forum received payment on December 12, 2016.
On December 15, 2016, Uniregistrar Corp confirmed by e-mail to the Forum that the <bollore.us> domain name is registered with Uniregistrar Corp and that Respondent is the current registrant of the name. Uniregistrar Corp has verified that Respondent is bound by the Uniregistrar Corp registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with the United States Department of Commerce’s usTLD Dispute Resolution Policy (the “Policy”).
On December 16, 2016, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 5, 2017 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@bollore.us. Also on December 16, 2016, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On January 16, 2017, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed the Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for usTLD Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the usTLD Policy, usTLD Rules, the Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant operates in the industries of transportation/logistics, communication/media, and electricity storage. Complainant has used the BOLLORE mark on or in connection with its business, and has registered the mark with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 2,441,830, registered Apr. 10, 2001; 4,718,821, registered Apr. 14, 2015). Respondent’s <bollore.us> is identical to the BOLLORE mark because it includes the mark entirely and only adds the country-code top-level domain (“ccTLD”) “.us.”
Respondent has no rights or legitimate interests in <bollore.us>. Respondent is not affiliated with Complainant, and is not commonly known by <bollore.us>. Respondent is not the owner of intellectual property rights concerning <bollore.us>. Further, the resolving website is a parked webpage, which is not a bona fide offering of goods or services or any legitimate noncommercial or fair use.
Respondent registered or used <bollore.us> in bad faith. Respondent has a history of adverse UDRP decisions. Respondent’s website is inactive. Respondent had actual knowledge of Complainant and its rights in the BOLLORE mark.
B. Respondent
Respondent failed to submit a Response in this proceeding.
Complainant, BOLLORE, operates in the industries of transportation/logistics, communication/media, and electricity storage. Complainant has rights in the BOLLORE mark through registration with the USPTO. (Reg. No. 2,441,830, registered Apr. 10, 2001; 4,718,821, registered Apr. 14, 2015). Respondent’s <bollore.us> is identical to the BOLLORE mark.
Respondent, Cameron Jackson, registered <bollore.us> domain name on December 7, 2016. The resolving website is inactive.
Respondent has no rights or legitimate interests in <bollore.us>.
Respondent registered or used <bollore.us> in bad faith.
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
Given the similarity between the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the usTLD Policy, the Panel will draw upon UDRP precedent as applicable in rendering its decision.
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000) (“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”).
Complainant rights in the BOLLORE mark under Policy ¶ 4(a)(i) through registration with the USPTO. See Intel Corp. v. Macare, FA 660685 (Forum Apr. 26, 2006) (finding that the complainant had established rights in the PENTIUM, CENTRINO and INTEL INSIDE marks by registering the marks with the USPTO).
Respondent’s <bollore.us> domain name is identical to the BOLLORE mark because it includes the mark entirely and only adds the ccTLD “.us.”
Respondent has no rights or legitimate interests in <bollore.us>. Respondent is not affiliated with Complainant. The WHOIS for the domain name lists “Cameron Jackson” as the registrant. Respondent is not commonly known by the <bollore.us> domain name under Policy ¶ 4(c)(iii). See Reese v. Morgan, FA 917029 (Forum Apr. 5, 2007) (concluding that the respondent was not commonly known by the <lilpunk.com> domain name as there was no evidence in the record showing that the respondent was commonly known by that domain name, including the WHOIS information as well as the complainant’s assertion that it did not authorize or license the respondent’s use of its mark in a domain name).
Respondent’s resolving website is a parking page, which is insufficient to show a bona fide offering of goods or services or a legitimate noncommercial or fair use.
Respondent registered and uses the <bollore.us> domain name in bad faith. Respondent has a history of adverse UDRP decisions, thereby showing bad faith under Policy ¶ 4(b)(ii). See Webster Financial Corporation and Webster Bank, National Association v. Above.com Domain Privacy, FA1209001464477 (Forum Nov. 30, 2012) (finding where the record reflected that the respondent had been a respondent in other UDRP proceedings in which it was ordered to transfer disputed domain names to various complainants established a pattern of bad faith registration and use of domain names and stood as evidence of bad faith in the registration and use of domain names under Policy ¶ 4(b)(ii)). Respondent was found in bad faith, and transfer was ordered in the following cases: Fédération Française de Tennis v. Cameron Jackson, D2016-1917 (WIPO Nov. 23, 2016); Volkswagen AG v. Cameron Jackson, D2016-1910 (WIPO Nov. 21, 2016); Monster Energy Company, a Delaware Corporation v. Cameron Jackson, D2016-1868 (WIPO Nov. 3, 2016); and Comerica Bank v. Cameron Jackson, D2016-1678 (WIPO Nov. 2, 2016).
Respondent has engaged in bad faith under Policy ¶ 4(a)(iii) because the resolving website is inactive. See Am. Broad. Cos., Inc. v. Sech, FA 893427 (Forum Feb. 28, 2007) (concluding that the respondent’s failure to make active use of its domain name in the three months after its registration indicated that the respondent registered the disputed domain name in bad faith).
Respondent had actual knowledge of Complainant’s rights in the BOLLORE mark. See Google Inc. v. Ahmed Humood, FA1411001591796 (Forum Jan. 7, 2015) (“This Panel makes that inference; Respondent has actual knowledge of Complainant’s mark at the time of domain name registration based on the fame of Complainant’s GOOGLE mark and Respondent’s use of one of the disputed domain names to detail Internet domain name registration and maintenance services related to and in competition with Complainant.”).
Complainant having established all three elements required under the usTLD Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <bollore.us> domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.), Panelist
Dated: January 30, 2017
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