WIPO Domain Name Decision D2016-1315 for accenture-uk-limited.com, accenture-uk-ltd.com
Karar Dilini Çevir:
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Accenture Global Services Limited v. Jean Jacque / Luck Loic Case No. D2016-1315 1. The Parties

The Complainant is Accenture Global Services Limited of Chicago, Illinois, United States of America (“United States of America”) represented by DLA Piper US LLP, United States.

The Respondent is Jean Jacque, of London, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”) and Luck Loic, of London, United Kingdom. 2. The Domain Name and Registrar

The disputed domain names and are registered with Gandi SAS (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 28, 2016. On June 29, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name . On June 30, 2016, 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.

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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 1, 2016.

In accordance with the Rules, paragraph 5, the due date for Response was July 21, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 22, 2016.

On July 1, 2016, the Complainant requested the domain name be added to the proceeding and filed an amended Complaint.

On August 18, 2016, the Panel issued an administrative panel procedural order, granting the Complainant’s request for consolidation and granting the Respondent a ten day period until August 28, 2016 to indicate whether it wished to participate in the proceeding. No corresponding submissions were received from the Respondent.

The Center appointed Pablo A. Palazzi as the sole panelist in this matter on July 27, 2016. 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 an international business that provides management consulting, technology services and outsourcing services under the name “Accenture” and is the owner of the ACCENTURE mark and similar company name. Complainant has offices and operations in more than 200 cities in 56 countries.

The Complainant began using the mark ACCENTURE in connection with various services, including management consulting, technology services and outsourcing services, on January 1, 2001.

The Complainant is the owner of several mark registrations for ACCENTURE, which have been registered in 144 countries all over the world, including the United Kingdom, where it was first registered on December 18, 2000.

The disputed domain names and were registered on April 16, 2016 and on June 23, 2016 respectively. The disputed domain names resolve to parking pages. 5. Parties’ Contentions A. Complainant

The Complainant states that the disputed domain names are confusingly similar to the ACCENTURE Mark.

The Complainant states that the disputed domain names are highly similar to the Complainant’s well-known ACCENTURE mark. The disputed domain names fully and exactly incorporate the Complainant’s ACCENTURE mark, as well as the geographic designation “UK” and the generic corporate designation “limited” or “ltd.”. The Complainant also states that the disputed domain names are identical and essentially identical to the Complainant’s affiliate Accenture (UK) Limited’s corporate name.

The Respondent has fully incorporated the Complainant’s registered ACCENTURE mark into the disputed domain names. The addition of the geographic designation “UK” and the generic corporation designation “limited” or “ltd” not only fail to meaningfully distinguish the disputed domain names from the Complainant’s ACCENTURE mark, they exacerbate the likelihood of confusion given the Complainant’s services offered in the UK and the Complainant’s affiliate Accenture (UK) Limited.

With respect to legitimate rights or interests, the Complainant states that:

- the Respondent has not made demonstrable preparations to use the disputed domain names in connection with a bona fide offering of goods or services;

- the Respondent is not commonly known by the disputed domain names;

- the Respondent is not making a legitimate non-commercial or fair use of the disputed domain names, without intent for commercial gain, to misleadingly divert consumers or to tarnish the trademarks of another.

- On June 22, 2016, the Respondent sent an email to one of the Complainant’s vendors, posing as an employee of the Complainant and requesting delivery of various electronic products and also requesting credit from the vendor.

- The Respondent’s June 22nd email was sent from the email address “[…]@ACCENTUREUK-LIMITED.COM” to one of the Complainant’s vendors in Poland, and the email signature incorporated the Complainant’s web address “”, the Complainant’s registered ACCENTURE HIGH PERFORMANCE. DELIVERED (and design) trademark and the Complainant’s United Kingdom corporate affiliate’s name, Accenture (UK) Limited.

- On June 22nd, the Complainant sent an email to the Respondent, requesting the Respondent transfer the disputed domain name to the Complainant. The Respondent did not reply.

- After this, the Complainant sent an email to the Registrar, advising it of the Respondent’s fraudulent activity and requested that the Registrar suspend services to the disputed domain name

.

- The Complainant alleges that on June 29, 2016 the Respondent sent a fraudulent email communication like the one of June 22, 2016 from the email address “[…]@”.

- According to the Complainant, the Respondent Jean Jacque and Luck Loic are the same person and/or are under common control.

With respect to bad faith registration and use, the Complainant states that:

- The Respondent had constructive notice that the ACCENTURE Mark was a registered trademark in the United Kingdom and many other jurisdictions worldwide.

- The Respondent did not register the disputed domain names to actually offer services but, instead, registered and is using the disputed domain names for the bad-faith purpose of appearing associated or affiliated with

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