URS DEFAULT DETERMINATION

BNP Paribas Fortis NV v. Argtrack llc
Claim Number: FA1602001660712

DOMAIN NAME

<bnpparibasfortis.space>

PARTIES

	Complainant: BNP Paribas Fortis NV of Brussel, Belgium
	Complainant Representative: Marqu Brands and Trademarks Fernanda Quarles van Ufford of the Hague, USA

	Respondent: Argtrack llc Abdel Ben of N Chesterfield, VA, US

REGISTRIES and REGISTRARS

	Registries: DotSpace Inc.
	Registrars: Go Daddy, LLC

EXAMINER

	The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
	Darryl C. Wilson, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: February 12, 2016
	Commencement: February 12, 2016
	Default Date: February 29, 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").

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

	Procedural Findings:
		Multiple Complainants: Not applicable.
		Multiple Respondents: Not applicable.

Findings of Fact: 1. The registered domain name is identical or confusingly similar to a word or mark for which the Complainant holds a valid national or regional registration and that is in current use. 2. Registrant has no legitimate rights or interests to the domain name. 3. The domain name was registered or is being used in bad faith. 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. Complainant, BNP Paribas Fortis (BNPPF) is part of the international group, BNP Paribas Group, a leader in the fields of insurance, banking, investment and bancassurance. The BNP Paribas Group and BNPPF are the exclusive owners of several international trademark registrations, including the mark BNP PARIBAS FORTIS since 2013, in international class 36 (banking, insurance and financial services), class 35 (business management services) and class 42 (real estate development). In 2013 BNPPF launched a new commercial entity: Hello Bank, a new generation bank, utilizing the domain names hellobank.com and hellospace.be. BNPPF is also the exclusive owner of Benelux trademark registration no. 947752 HELLO SPACE.

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(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.

Determined: Finding for Complainant

The domain name www.bnpparibasfortis.space is identical and confusingly similar to the trademark BNP PARIBAS FORTIS and simply adds the gTld .space.

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

Determined: Finding for Complainant

Complainant has not authorized the Registrant to use its marks and Registrant has provided no information in support of a claim of any legitimate right or interest to the disputed domain.

[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  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 conduct; or
  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.

Determined: Finding for Complainant

Additional facts support a conclusion that Registrant acquired the disputed domain name for the purpose of selling and/or disrupting Complainant’s business. Registrant Abdel Ben is associated with 85 domains, Argtrack llc is associated with 84 domains and the emailaddress abenzrak@outlook is associated with more than 100 domains. The disputed domain name is likely to cause confusion in the marketplace, will infringe and dilute BNPPF’s well-established rights in its marks as well as infringe the trade and company name BNP Paribas Fortis N.V.

FINDING OF ABUSE or MATERIAL FALSEHOOD

The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:

The Complaint was neither abusive nor contained material falsehoods.

DETERMINATION

After reviewing the parties’ 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(s) be SUSPENDED for the duration of the registration:

bnpparibasfortis.space

Darryl C. Wilson
Examiner
Dated: March 3, 2016

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