Panel Decision for dispute CAC-ADREU-008948

The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.

The Complainant, Anadolubank Nederland N.V., is a duly licensed credit institution incorporated in the Netherlands and supervised by the Dutch Central Bank and the European Central Bank. It has operated under the trade name ANADOLUBANK continuously since 2008 and maintains its primary online presence at anadolubank.nl.

The Complainant holds trademark rights through WIPO International Registration No. 1303451 – ANADOLUBANK NEDERLAND (figurative), registered on 1 April 2016 and designating the Benelux. This registration is valid and in force until 2036 and covers financial and telecommunications services (Classes 36 and 38). 

In addition, the Complainant holds enforceable trade name rights in the Netherlands under the Dutch Trade Names Act.

The Respondent registered the disputed domain name on November 19, 2022. The disputed domain name resolves to a website where it is offered for sale.

The Complainant contends that the disputed domain name <anadolubank.eu> is identical to the dominant and distinctive element “ANADOLUBANK” of the Complainant’s trademark and it is therefore confusingly similar to the Complainant’s protected mark.

The Complainant furthermore contends that the Respondent has no rights or legitimate interest in the domain name. The Respondent is thus not affiliated with, authorised by, or otherwise connected to the Complainant, nor is the Respondent commonly known by the name “Anadolubank”. In addition, the domain is not used for any bona fide offering of goods or services, but is instead parked and offered for sale.

The Complainant also contends, that the domain name was registered and is being used in bad faith within the meaning of Article 4(4) of Regulation (EU) 2019/517 and Paragraph B.11 of the ADR Rules. The domain name is currently offered for sale via a domain parking or brokerage platform, and the offer to sell the domain name—particularly one incorporating a distinctive banking trademark—demonstrates that the domain was registered primarily for the purpose of selling it to the Complainant or a third party and thereby seeking to exploit the Complainant’s reputation.

The Respondent did not reply to the Complainant’s contentions.

Pursuant to Article 4(4) of Regulation (EU) 2019/517 of the European Parliament and of the Council, read together with Paragraph B(11)(d)(1) of the ADR Rules, the Complainant must establish that:

(i) The disputed domain name is identical or confusingly similar to a name in respect of which a right is recognised or established by the national law of a Member State and/or European Union law and; either

(ii) The disputed domain name has been registered by the Respondent without rights or legitimate interest in the name; or

(iii) The disputed domain name has been registered or is being used in bad faith.

Identical or confusingly similar

The Complainant is, according to the submitted evidence, the owner of the registered European Union trademark ANADOLUBANK The disputed domain name <anadolubank.eu> contains the Complainant’s trademark in its entirety. It is well accepted in .eu ADR jurisprudence that the Top-Level Domain “.eu”, is a technical requirement of registration and does not confer distinctiveness. Accordingly, it is typically disregarded when assessing identity or confusing similarity between the disputed domain name and the Complainant’s rights.

In light of the foregoing, the Panel concludes that the disputed domain name is identical or confusingly similar to the Complainant’s trademark, which represents a right recognized within the meaning of Paragraph B(11)(d)(1)(i) of the ADR Rules.

 Rights or legitimate interest

The Complainant’s trademark registration for ANADOLUBANK predates the Respondent’s registration of the disputed domain name <anadolubank.eu>. The Respondent, having failed to submit a Response, has not contested the Complainant’s assertions that it is not affiliated with the Complainant, is not licensed or otherwise authorized to use the Complainant’s trademark, and does not conduct any business on behalf of the Complainant.

There is no evidence on the record indicating that the Respondent is using the disputed domain name, which is identical or confusingly similar to the Complainant’s trademark, in connection with a bona fide offering of goods or services, or for a legitimate non-commercial or fair use purpose. Furthermore, the Respondent has provided no evidence demonstrating any rights or legitimate interests in the disputed domain name, nor that the Respondent is commonly known by the disputed domain name, even in the absence of a right recognised or established by national and/or European Union law.

In the absence of any evidence refuting the Complainant’s submissions, and having regard to the circumstances of this case, the Panel finds, on the balance of probabilities, that the Respondent has failed to demonstrate any rights or legitimate interests in respect of the disputed domain name and that, accordingly, the Complainant has satisfied the requirement set out in Paragraph B(11)(d)(1)(ii) of the ADR Rules.

Registered or used in bad faith

In light of the Panel’s finding that the Respondent lacks rights or legitimate interests in the disputed domain name within the meaning of Paragraph B(11)(d)(1)(ii) of the ADR Rules, it is not necessary for the Panel to consider whether the disputed domain name was registered or is being used in bad faith.

Eligibility

In accordance with Paragraph B(11)(b) of the ADR Rules, the Panel is satisfied that the Complainant, being an undertaking established in the Netherlands, i.e. in the European Union, meets the general eligibility requirements laid down in Article 3 of Regulation (EU) 2019/517.

For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name <anadolubank.eu> be transferred to the Complainant.