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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Crédit Foncier de France v. WhoisGuard Protected, WhoisGuard, Inc. / Uyi Edionwe

Case No. D2019-3037

1. The Parties

Complainant is Crédit Foncier de France, France (“Complainant”), represented by DBK Société d’avocats, France.

Respondent is WhoisGuard Protected, WhoisGuard, Inc., Panama / Uyi Edionwe, Nigeria (“Respondent”).

2. The Domain Name and Registrar

The disputed domain name <creditfoncierplc.com> is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 9, 2019. On December 10, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 10, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on December 11, 2019, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on December 13, 2019.

The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on December 20, 2019. In accordance with the Rules, paragraph 5, the due date for Response was January 9, 2020. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on January 10, 2020.

The Center appointed M. Scott Donahey as the sole panelist in this matter on January 21, 2020. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.

4. Factual Background

Complainant is a French national mortgage bank created in 1852 by Emperor Napoléon III. Complainant specializes in real estate financing and services in France and is a wholly owned subsidiary of Groupe BPCE, one of the largest banking groups in France. Complainant serves the real estate needs of individuals and real estate professionals and investors, and has been operating in the French real estate market for more than 167 years. Complaint, Annex 4.

Complainant is the owner of thirty-seven French trademarks consisting of or including the trademark CRÉDIT FONCIER, whose registrations issued as early as May 3, 1988. Complaint, Annex 5. Complainant is also the registrant of the domain name <creditfoncier.fr>, which it registered in 1997. Complaint, Annex 6.

Respondent registered the disputed domain name <creditfoncierplc.com> on September 29, 2019. Complaint, Annex 1. The disputed domain name resolves to an inactive web site. Complaint, Annex 7.

5. Parties’ Contentions

A. Complainant

Complainant alleges that the disputed domain name is identical or confusingly similar to Complainant’s famous French trademark, in that the disputed domain name consists of Complainant’s well known trademark CRÉDIT FONCIER together with the letters “plc” which refers to Complainant’s corporate form, a “public limited company.” Complainant asserts that it has never authorized Respondent to register and or use any domain name incorporating or including Complainant’s famous mark, nor has it granted any authorization or license to Respondent for the use of its trademarks. Finally, Complainant contends that Respondent’s unauthorized use of the disputed domain name to resolve to an inactive web site demonstrates that the disputed domain name has been registered and is being used in bad faith.

B. Respondent

Respondent did not reply to Complainant’s contentions.

6. Discussion and Findings

A Panel shall decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.”

Paragraph 4(a) of the Policy directs that the complainant must prove each of the following:

(i) that the domain name registered by the respondent is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and,

(ii) that the respondent has no rights or legitimate interests in respect of the domain name; and,

(iii) that the domain name has been registered and is being used in bad faith.

A. Identical or Confusingly Similar

The disputed domain name consists of Complainant’s venerable French trademark CRÉDIT FONCIER together with the corporate descriptive term “plc.” Accordingly the Panel finds that the disputed domain name is confusingly similar to Complainant’s CRÉDIT FONCIER trademarks.

B. Rights or Legitimate Interests

While the overall burden of proof in UDRP proceedings is on the complainant, UDRP panels have recognized that proving a respondent lacks rights or legitimate interests in a domain name may result in the often impossible task of “proving a negative”, requiring information that is often primarily within the knowledge or control of the respondent. As such, where a complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the burden of production on this element shifts to the respondent to come forward with relevant evidence demonstrating rights or legitimate interests in the domain name. If the respondent fails to come forward with such relevant evidence, the complainant is deemed to have satisfied the second element. WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”), section 2.1.

In the present case, Complainant alleges that Respondent has no rights or legitimate interests in respect of the disputed domain name and Respondent has failed to assert any such rights. Accordingly, the Panel finds that Respondent has no rights or legitimate interests in respect of the disputed domain name.

C. Registered and Used in Bad Faith

Respondent is using the disputed domain name, which it registered long after Complainant’s trademark CRÉDIT FONCIER had become famous in France, to resolve to an inactive web site. Moreover, it is impossible to conceive of any legitimate use to which the disputed domain name could be put that would not constitute a bad faith use of Complainant’s well known trademark. See, e.g., Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003. Accordingly, the Panel finds that Respondent has registered and is using the disputed domain name in bad faith.

7. Decision

For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name, <creditfoncierplc.com>, be transferred to Complainant.

Scott Donahey
Sole Panelist
Date: January 22, 2020

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