Carrefour SA v Ma boutique Admin, traore prince
WIPO Case No. D2024-1758
•14-06-2024
| ARBITRATION AND MEDIATION CENTER |
ADMINISTRATIVE PANEL DECISION
Carrefour SA v. Ma boutique Admin, traore prince
Case No. D2024-1758
1. The Parties
The Complainant is Carrefour SA, France, represented by IP Twins, France.
The Respondent is Ma boutique Admin, traore prince, France.
2. The Domain Name and Registrar
The disputed domain name <cartcarrefour.com> is registered with Tucows Inc. (the “Registrar”).
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 26, 2024.
On April 26, 2024, the Center transmitted by email to the Registrar a request for registrar verification in
connection with the disputed domain name. On April 26, 2024, 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 (Contact Privacy Inc. Customer, 0170831889) and contact
information in the Complaint. The Center sent an email communication to the Complainant on April 29,
2024, providing the registrant and contact information disclosed by the Registrar, and inviting the
Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on
May 1, 2024.
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 May 2, 2024. In accordance with the Rules, paragraph 5, the due date for Response was May 22, 2024. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 24, 2024.
The Center appointed Louis-Bernard Buchman as the sole panelist in this matter on June 6, 2024. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and
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Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the
Rules, paragraph 7.
4. Factual Background
The Complainant, a company registered in France and listed on the Paris Stock Exchange, is a world leader in retail goods sales, which pioneered in 1968 the creation of the first hypermarkets. In 2023, it operated almost 15,000 stores in many countries on several continents, with global net sales of over 83,2 billion Euros. Besides retail, the Complainant offers banking, insurance, ticketing and travel services.
The Complainant owns a very large portfolio of trademarks containing the distinctive element CARREFOUR, including the French trademark CARREFOUR, registered under No. 1487274 on September 2, 1988 and the French trademark CARREFOUR, registered under No. 1565338 on December 8, 1989 (together hereinafter referred to as: “the Mark”).
The Complainant also owns the <carrefour.com> domain name, registered on October 25, 1995, and many other domain names related to its activities, incorporating the element “carrefour”.
The disputed domain name was registered on April 8, 2024.
The disputed domain name resolved to an online store, in which consumer goods similar to the ones offered by the Complainant were purportedly offered for sale, and at the time of the Decision, it resolves to a parking page of Shopify, an e-boutiques creator.
5. Parties’ Contentions
A. Complainant
The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name.
Notably, the Complainant contends that the disputed domain name reproduces the Mark, in which it has rights, and is confusingly similar to the Mark insofar as the disputed domain name contains the Mark and that the word “cart” before the Mark is not capable to prevent a finding of confusing similarity, as the Mark remains recognizable in the disputed domain name.
The Complainant also contends that the Respondent has no rights or legitimate interests in respect of the
disputed domain name and never had any affiliation with the Complainant (which never authorized the
Respondent to use the Mark in any manner).
Furthermore, the Complainant contends that the Respondent had knowledge of the Mark and registered the disputed domain name in bad faith, and is also using it in bad faith.
B. Respondent
The Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings
6.1. Procedural Aspects – Failure to Respond
As aforementioned, no formal Response was received from the Respondent.
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Under the Rules, paragraphs 5(f) and 14(a), the effect of a default by the Respondent is that, in the absence of exceptional circumstances, the Panel shall proceed to a decision on the basis of the Complaint.
The Panel does not find any exceptional circumstance in this case which would cause the Panel to proceed differently.
Under paragraph 4(a) of the Policy, it is the Complainant’s burden to establish that all three of the required criteria for a transfer of the disputed domain name have been met, even in the event of a default.
Under paragraph 14(b) of the Rules, the Panel is empowered to draw such inferences from the
Respondent’s default as it considers appropriate under the circumstances.
In this case, the Panel finds that as a result of the default, the Respondent has failed to rebut any of the reasonable factual assertions that are made and supported by evidence submitted by the Complainant. In particular, by defaulting and failing to respond, the Respondent has failed to offer the Panel any of the types of evidence set forth in Paragraph 4(c) of the Policy or otherwise, from which the Panel might conclude that the Respondent has any rights or legitimate interests in the disputed domain name, such as making legitimate noncommercial or fair use of the disputed domain name.
Moreover, as discussed below, the Respondent has failed to provide any exculpatory information or reasoning that might have led the Panel to question the Complainant’s arguments that the Respondent has acted in bad faith.
6.2. Requirements of Paragraph 4(a) of the Policy
A. Identical or Confusingly Similar
It is well accepted that the first element functions primarily as a standing requirement. The standing (or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison between the Complainant’s trademark and the disputed domain name. WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition, (“WIPO Overview 3.0”), section 1.7.
Based on the available record, the Panel finds the Complainant has shown rights in respect of a trademark or service mark for the purposes of the Policy. WIPO Overview 3.0, section 1.2.1.
The Panel finds that the Mark is recognizable within the disputed domain name.
Accordingly, the disputed domain name is confusingly similar to the Mark for the purposes of the Policy.
WIPO Overview 3.0, section 1.7.
While the addition of another term here, such as “cart”, may bear on the assessment of the second and third elements, the Panel finds the addition of such term does not prevent a finding of confusing similarity between the disputed domain name and the Mark for the purposes of the Policy. WIPO Overview 3.0, section 1.8.
Regarding the generic Top-Level Domain (“gTLD”) “.com” in the disputed domain name, it is well established that a gTLD does not generally affect the assessment of a domain name for the purpose of determining identity or confusingly similarity. WIPO Overview 3.0, section 1.11.1.
Based on the available record, the Panel finds the first element of the Policy has been established.
B. Rights or Legitimate Interests
Paragraph 4(c) of the Policy provides a list of circumstances in which the Respondent may demonstrate rights or legitimate interests in a disputed domain name.
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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. WIPO Overview 3.0, section 2.1.
Having reviewed the record, the Panel finds the Complainant has established a prima facie case that the rebutted the Complainant’s prima facie showing and has not come forward with any relevant evidence demonstrating rights or legitimate interests in the disputed domain name such as those enumerated in the Policy or otherwise.
Based on the available record, the Panel finds the second element of the Policy has been established.
C. Registered and Used in Bad Faith
The Panel notes that, for the purposes of paragraph 4(a)(iii) of the Policy, paragraph 4(b) of the Policy establishes circumstances, in particular, but without limitation, that, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith.
| prior UDRP panels have confirmed to be distinctive and well-known (see for instance Carrefour v. Yunjinhua, | In the present case, the Panel notes that by creating a likelihood of confusion with the Mark, which many intentionally attempted to attract Internet users for commercial gain. |
| As a consequence, the Panel finds that the registration and use of the disputed domain name by the constitutes bad faith under the Policy. | |
| Based on the available record, the Panel finds the third element of the Policy has been established. | |
| 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 <cartcarrefour.com> be transferred to the Complainant. | |
| /Louis-Bernard Buchman/ Louis-Bernard Buchman Sole Panelist Date: June 14, 2024 |
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