BNP PARIBAS v. Cameron Jackson
Claim Number: FA1612001705307
Complainant: BNP PARIBAS of Paris, France.
Complainant Representative: Nameshield of Angers, France.
Respondent: Cameron Jackson of Kingston, Norfolk Island, New South Wales, Australia.
REGISTRIES and REGISTRARS
Registries: Uniregistry, Corp.
Registrars: Uniregistrar Corp.
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.
Alan L. Limbury, as Examiner.
Complainant submitted: December 1, 2016
Commencement: December 2, 2016
Default Date: December 19, 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") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant is a bank headquartered in France, operating worldwide. The domain name was registered by Respondent, having an address in New South Wales, Australia, on August 8, 2016. The website to which the domain name has resolved since registration is a registrar parking page.
Even though 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 the domain name should be suspended:
[URS
1.2.6.1] The registered domain name is identical or confusingly similar to a
word mark:
(i) for which Complainant holds a valid national or
regional registration 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.
Complainant has demonstrated that it is the registrant of International trademark BNP PARIBAS, No. 728598, registered on February 23, 2000 in International Classes 35, 36 and 38; that Australia is designated under the Madrid Protocol in respect of that mark; and that the mark is in current use. The mark was registered with the Trademark Clearinghouse on October 23, 2013.
The domain name comprises Complainant's mark together with the gTLD ".lol”, which does nothing to detract from the distinctiveness of Complainant’s mark and may be disregarded. The Examiner finds that the domain name is identical to Complainant’s mark.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Complainant says Respondent has no rights or legitimate interests in respect of the domain name and is not related to Complainant’s business. According to the Whois of the domain name, the Respondent is "Cameron Jackson". Respondent has not developed demonstrable preparations to use the domain name in connection with a bona fide offering of goods or services and could not have used the domain name without infringing
Complainant’s intellectual property rights in the trademark BNP PARIBAS.
In the absence of any Response, the Examiner finds that Complainant has shown prima facie that Respondent has no legitimate right or interest to the domain name.
[URS 1.2.6.3] The domain name was registered and is being used in bad faith, such as: (b) Registrant has registered the domain name in order to prevent the trademark holder from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct. Complainant submits this is such a case.
The Examiner accepts that Complainant’s “BNP PARIBAS” mark is famous and that Respondent must have been aware of that mark when he registered the domain name, thereby preventing Complainant from reflecting its mark in a corresponding domain name. As recently as July 25, 2016, Respondent was found to have engaged in a pattern of such conduct. See Gilead Sciences, Inc. v. Cameron Jackson, Claim Number: FA1607001682278.
The Examiner finds that Complainant has established that the domain name was registered and is being used 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.lol>
Alan L. Limbury, Examiner
Dated: December 21, 2016
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