URS DEFAULT DETERMINATION


BNP PARIBAS v. Data Protected
Claim Number: FA1912001874048


DOMAIN NAME

<bnpparibas.frl>


PARTIES


   Complainant: BNP PARIBAS of PARIS, France
  
Complainant Representative: Nameshield Laurent Becker of Angers, France

   Respondent: Data Protected Data Protected Data Protected of Toronto, ON, CA
  

REGISTRIES and REGISTRARS


   Registries: FRLregistry B.V.
   Registrars: Tucows.com Co.

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.
   Dawn Osborne, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: December 6, 2019
   Commencement: December 10, 2019
   Default Date: December 27, 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").

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



   Findings of Fact: The Complainant is the owner of the mark BNP PARIBAS registered as an international trade mark for financial services since 2000. The Domain Name registered in 2019 has been used for a wordpress holding page.

  

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 Complainant is the owner of the BNP PARIBAS trade mark registered as an international mark since 2000 for financial services. Proof of use has been supplied. The Domain Name consist of the Complainant�s trade mark and the TLD .frl indicating a region of the Netherlands. Adding a TLD does not distinguish a Domain Name from a Complainant�s mark. The Domain Name is identical to the Complainant�s mark for the purposes of the Policy.


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

Determined: Finding for Complainant 


The Respondent is not commonly known by the Domain Name and has not been authorised by the Complainant. The Domain Name has been pointed to a holding page and, therefore, has not been used. It is being passively held.


[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 


The trade mark BNP PARIBAS is distinctive and has a reputation for financial services with no generic meaning. The panel believes that the elements of the mark are so specific that there is clear and convincing evidence that the Domain Name was registered with knowledge of the Complainant�s mark. The Respondent has registered the Domain Name in opportunistic bad faith in order to disrupt the business of the Complainant for a competing purpose.


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:


  1. 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:

  1. bnpparibas.frl

 

Dawn Osborne
Examiner
Dated: December 27, 2019

 

 

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