WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Capgemini SE v. Jordan Evans
Case No. D2021-2507
1. The Parties
The Complainant is Capgemini SE, France, represented by Aiman Ezzat, France.
The Respondent is Jordan Evans, United Kingdom.
2. The Domain Name and Registrar
The disputed domain name <capgemini-achats.com> (the “Domain Name”) is registered with NameCheap, Inc. (the “Registrar”).
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 3, 2021. On August 3, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On the same day, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on September 15, 2021, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amended Complaint on September 17, 2021.
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 the Respondent of the Complaint, and the proceedings commenced on September 20, 2021. In accordance with the Rules, paragraph 5, the due date for Response was October 10, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 14, 2021.
The Center appointed Mathias Lilleengen as the sole panelist in this matter on October 29, 2021. 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
The Complainant is part of the Capgemini Group, a large global provider of IT, consulting, technology and outsourcing services. The Group employs some 270,000 team members in nearly 50 countries, and it has been using the name Capgemini since 1975.
The Complainant owns numerous trademark registrations in numerous jurisdictions that incorporate Capgemini, such as European Union trademark No. 017679961 registered on July 11, 2017.
The Domain Name was registered on December 11, 2020. At the time of the Complaint, and the time of drafting the Decision, the Domain Name resolved to a parked page with sponsored links.
5. Parties’ Contentions
The Complainant provides evidence of trademark registrations. The Complainant argues that the Domain Name is confusingly similar to its trademark. The addition of the “-achats” to the end of the trademark does not eliminate any confusion. On the contrary, the addition highlights confusing similarity.
The Respondent is not authorized to use the Complainant’s trademark. The Complainant asserts that the Respondent is not commonly known by the Domain Name. There is no evidence that the Respondent has used or made demonstrable preparations to use the Domain Name is connection with a bona fide offering of goods. The Domain Name resolves to an active website with external links, probably to obtain payments from clients and suppliers. Using a domain name to attract Internet users and turn them away from the legitimate right holder is the opposite of a bona fide or legitimate noncommercial use.
The Complainant argues that given the Complainant’s worldwide reputation and trademark rights, the Respondent was or should have been aware of the Complainant’s trademark prior to registering the Domain Name. There is no plausible explanation as to why the Respondent selected the Domain Name other than to mislead Internet users and create a likelihood of confusion with the Complainant. The Respondent took active steps to ensure that its personal data would not be disclosed. The Domain Name directs to a parking page with commercial links. According to the Complainant, the Domain Name was registered and is being used in bad faith, with the sole purpose to harm and take advantage of the Complainant’s reputation.
The Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings
A. Identical or Confusingly Similar
The Complainant has established that it has rights in the trademark CAPGEMINI.
The test for confusing similarity involves the comparison between the trademark and the Domain Name. The Complainant’s trademark is recognizable in the Domain Name. The addition of “-achats” (meaning “purchases” in French) does not prevent a finding of confusing similarity between the Domain Name and the Complainant’s trademark. See section 1.8 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”).
For the purpose of assessing under paragraph 4(a)(i) of the Policy, the Panel may ignore the generic Top-Level Domain (“gTLD”) “.com”, see WIPO Overview 3.0, section 1.11.
The Panel finds that the Domain Name is confusingly similar to a trademark in which the Complainant has rights in accordance with paragraph 4(a)(i) of the Policy.
B. Rights or Legitimate Interests
As is described in WIPO Overview 3.0, “while the overall burden of proof in UDRP proceedings is on the complainant, 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.”
The Complainant has made unrebutted assertions that it has not granted any authorization to the Respondent to register the Domain Name or otherwise make use of its trademark. There is no evidence that the Respondent has registered the Domain Name as a trademark or acquired unregistered trademark rights. The Respondent cannot establish rights in the Domain Name, as it has not made use of, or demonstrable preparations to use, the Domain Name in connection with a bona fide offering.
The Panel finds that the Complainant has made out an unrebutted case. Accordingly, the Panel finds that the Respondent has no rights or legitimate interests in respect of the Domain Name in accordance with paragraph 4(a)(ii) of the Policy.
C. Registered and Used in Bad Faith
Noting the Complainant’s reputation, it is more than likely that the Respondent was aware of the trademark prior to registering the Domain Name. Based on the case file, and taking into account that the Domain Name directs to a parking page with commercial links, the Panel agrees that it is implausible that the Respondent registered the Domain Name in good faith. The Respondent has not provided any evidence of good faith use. The actual use of the Domain Name is evidence of bad faith. Moreover, the Respondent’s use of a privacy service to conceal his identity may under the circumstances of this case further indicate bad faith.
For the reasons set out above, the Panel concludes that the Domain Name was registered and is being used in bad faith, within the meaning of paragraph 4(a)(iii) of the Policy.
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name <capgemini-achats.com> be transferred to the Complainant.
Date: November 12, 2021