BNP PARIBAS v. Gao Hai Sheng
Claim Number: FA2008001910587
Complainant: BNP PARIBAS of PARIS 09, France.
Complainant Representative: Laurent Becker, Nameshield, of Angers, France.
Registrant: Gao Hai Sheng, of Zhou Kou Shi, He Nan, China.
Registrant Representative:
REGISTRIES and REGISTRARS
Registry: GMO Registry, Inc.
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.
Charles A. Kuechenmeister, Examiner.
Complainant submitted: August 31, 2020
Commencement: September 2, 2020
The Registrant did not file a Response in this matter. Default Date: September 17, 2020.
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 Registrant 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.
· 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 currently in effect and that was in effect at the time the URS Complaint was filed; and
· Registrant has no legitimate right or interest to the domain name; and
· the domain was registered and is being used in bad faith.
The Examiner finds as follows:
Complainant is an international banking institution. The International trademark BNP PARIBAS was registered to Complainant (Registration No. 728598) on February 23, 2000 (WIPO Certificate submitted with Complaint). Complainant is currently using that mark in connection with its business operations (Proof of Use—Signed Declaration for Trademark Clearinghouse submitted with Complaint). Complainant thus holds a valid national registration of its mark, and the mark is in current use. The domain name is identical or confusingly similar to Complainant’s mark.
Required element 1.2.6.1 is proven.
The registrar lists the Registrant as “Gao Hai Sheng.” This name bears no resemblance to the domain name, and there is no evidence that the Registrant has been commonly known by the domain name. Further, Complainant states that the Registrant has no relationship with it. Complainant has specific competence to make this statement and there is no evidence to the contrary. The web site resolving from the domain name offers various items of general merchandise for sale; its business purpose is wholly unrelated to that of Complainant (URS Site Screenshot submitted with the Complaint).
Required element 1.2.6.2 is proven. Registrant has no legitimate right or interest to the domain name.
Complainant’s BNP PARIBAS mark represents one of the most famous banks in the world. Registrant incorporated that mark verbatim into the domain name, which demonstrates that it knew of Complainant and its rights in that mark when it registered the domain name. Further, as noted above, the web site resolving from the domain name offers general merchandise for sale. Registrant is using the confusingly similar domain name in an intentional attempt, for commercial gain, to attract users to its web site by creating a likelihood of confusion as to the source, sponsorship, affiliation or endorsement of its web site.
Required element 1.2.6.3 is proven. Registrant registered and is using the domain name in bad faith.
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.shop>
Charles A. Kuechenmeister, Examiner
Dated: September 17, 2020
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page