Decisión del Panel Administrativo nº D2013-0596 of WIPO Arbitration and Mediation Center, May 22, 2013 (case Crédit Agricole Consumer Finance (CA Consumer Finance) v. Fawaz Chakik, eShopWays Communications)
| Resolution Date | May 22, 2013 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Crédit Agricole Consumer Finance (CA Consumer Finance) of Paris, France, represented by Pinsent Masons LLP, France.
The Respondent is Fawaz Chakik, eShopWays Communications of Tripoli, Lebanon.
The disputed domain name [creditlift.net] is registered with GoDaddy.com, LLC. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 4, 2013. On April 4, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 4, 2013, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details for the disputed domain name.
The Center verified that the 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on April 9, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response was April 29, 2013. The Response was filed with the Center on April 29, 2013.
The Center appointed James A. Barker as the sole panelist in this matter on May 8, 2013. 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.
The disputed domain name was registered on September 9, 2011.
The Complainant is a well-known French banking and insurance service group. It is the holder of a number of trademarks consisting of or including the words “credit” and “lift” in various countries throughout the world. These trademarks were filed before the registration of the disputed domain name. The Complainant’s marks include French marks CREDIT LIFT, filed in July 2006.
The Complainant is also the registrant of domain names which include its mark, including [creditlift.com] registered in October 2004, as well as similar country-code top-level domain names.
The Complainant has previously been a successful complainant under the Policy in relation to its marks. More recently, UDRP cases in which the Complainant has been involved include: Crédit Agricole S.A. v. ICS INC. / Whois Privacy Protection Service, Inc.,[WIPO Case No. D2012-1755], and Crédit Agricole S.A. v. Magdalena Bialowas,[WIPO Case No. D2011-1739].
The following is summarized from the Complaint:
In 2007, the Complainant developed a new area of its activity: loan broking called “Credit Lift”. Through Credit Lift, the Complainant provides its clients and partners with a range of personalized products and services dedicated to the brokerage market, diversified loan offers, and loan consolidations.
The disputed domain name is identical or confusingly similar to the Complainant’s CREDIT LIFT trademark.
The Respondent has no rights or legitimate interests in the disputed domain name. The Complainant provides a screenshot of the...
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