WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Fondation Bettencourt Schueller v. Dennis Bettencourt Case No. D2019-0850 1. The Parties

The Complainant is Fondation Bettencourt Schueller, France, represented by ATurquoise société d’avocats, France.

The Respondent is Dennis Bettencourt, United States of America (“United States”). 2. The Domain Name and Registrar

The disputed domain name is registered with Network Solutions, LLC (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 15, 2019. On April 16, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 16, 2019, 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 and contact information in the Complaint. The Center sent an email communication to the Complainant on April 17, 2019, 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 amendment to the Complaint on April 19, 2019.

The Center verified that the Complaint, together with the amendment to 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 April 26, 2019. In accordance with the Rules, paragraph 5, the due date for Response was May 16, 2019. The Center received an email from the Respondent on May 6, 2019. The Respondent did not submit any formal response. Accordingly, the Center notified the Parties of the Commencement of Panel Appointment Process on May 17, 2019.

The Center appointed Assen Alexiev as the sole panelist in this matter on May 24, 2019. 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 Fondation Bettencourt Schueller is a public-interest foundation created in 1987 by the Bettencourt Schueller family, a member of which was the late Mrs. Liliane Bettencourt Schueller - the principal shareholder of the L’Oreal group. The Complainant’s fields of engagement are life sciences, the arts, and social progress. As part of its support to research in the life science, the Complainant created the “Young researchers Bettencourt prize”, “Liliane Bettencourt prize for life sciences”, and “Bettencourt prix coup d’élan pour la recherche française”. Since 2003, the Inserm Liliane Bettencourt School supports students in medicine for conducting a science formation in parallel of their studies. In the field of culture, the Complainant has supported outstanding expertise in arts and crafts and choral singing with the “Liliane Bettencourt choral singing prize” since 1989, and with the “Prix Lilianne Bettencourt pour l’intelligence de la main” since 1999.

The Complainant has rights in the following trademark registrations containing the name “Bettencourt” (the “BETTENCOURT trademark”):

- the trademark CURSUS LILIANE BETTENCOURT with registration No.3766821, registered in France for services in International Classes 35, 36, 41, 42, and 45, dated September 16, 2010,
- the trademark COLLEGE LILIANE BETTENCOURT with registration No. 3766825, registered in France for services in International Classes 35, 36, 41, 42, and 45, dated September 16, 2010,
- the word trademark FONDATION BETTENCOURT SCHUELLER with registration No. 9381427, registered as a European Union trademark on March 6, 2011, for services in International Classes 35, 36, 41, 42, and 45,
- the combined trademark FONDATION BETTENCOURT SCHUELLER with registration No. 9384652, registered as a European Union trademark on March 6, 2011, for services in International Classes 35, 36, 41, 42, and 45, and
- the trademark PRIX LILIANNE BETTENCOURT POUR L’INTELLIGENCE DE LA MAIN with registration No. 99779010, registered by Mrs. Liliane Bettencourt Schueller in France for goods and services in International Classes 3, 6, 8, 14, 16, 18, 20, 21, 24, 25, 26, 28, 29, 30, 31, 35, 41, and 44, dated March 4, 1999.

The Complainant has registered the domain names and .

The disputed domain name was registered on October 26, 1999. At the time of filing of the Complaint, it resolved to a parking page containing links entitled “Meyers”, “Liliane”, “fonds”, “argent”, “charity donations”, as well as links to third party charities and foundations. According to the evidence provided by the Complainant, the disputed domain name has been used to send emails purporting to be sent from the Complainant. 5. Parties’ Contentions A. Complainant

The Complainant submits that it has acquired rights in the trade name “Fondation Bettencourt Schueller” prior to the registration of the disputed domain name. It has made its trade name and the name “Bettencourt” (the name of the co-founder of the Complainant) well known through its activities over the last thirty years, and is recognized as a major actor in the field of philanthropy. Mrs. Liliane Bettencourt Schueller was awarded the Légion d’honneur in 2001 for her works in philanthropy, and for the activities of the Complainant.

The Complainant submits that the disputed domain name is identical or confusingly similar to the BETTENCOURT trademark in which the Complainant has rights, as it reproduces the distinctive and dominant “Bettencourt” element present in this trademark, and is registered in the “.org” generic Top-Level Domain (“gTLD”), which is intended for non-profit entities and is operated by the Public Interest Registry, and thus refers directly to the Complainant’s non-profit activities. The website at the disputed domain name contains links to “charity donations”, “fonds”, “Liliane” and “Meyers” (which is the married name of Mrs. Liliane Bettencourt’s daughter) and thus creates additional confusion to the public.

The Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. The Respondent has not sought the Complainant’s consent to the use of the BETTENCOURT trademark and has no relation to the Complainant or to its activity. The disputed domain name doesn’t resolve to an active website, but is associated to an “under construction” page that displays links to “charity donations”, “Meyers”, “Liliane”, “fonds”, “argent”, “booking”, “Stichting Charlie Braveheart — Hospital Comfort Care for Kids - Please Donate for Stress-free Children Hospital Treatments”, “How can you do the most good? - Effective Altruism - Using evidence and reason to help others as much as possible” and “Charity — Malt 1st tech community — create freely a profile”. Therefore, the use of the disputed domain name is likely to cause confusion among Internet users, contributors, partners, and grantees of the Complainant, as well as allow the Respondent to benefit from and tarnish the goodwill associated with the BETTENCOURT trademark through its fraudulent activities on the Internet.

The Complainant submits that “Dennis Bettencourt” is not the real name of the Respondent. According to the Complainant, a person by that name either does not actually exist, or the actual registrant of the disputed domain name has engaged in identity theft of a real person with the name Dennis Bettencourt who has no connection to the disputed domain name.

The Complainant points out that the Respondent does not carry out a legitimate offering of goods or services, but uses the disputed domain name for a fraudulent email scheme for financial gain. The Complainant was made aware that fraudulent email messages were being sent from an email address associated to the disputed domain name. These messages were sent from the following email address incorporating the disputed domain name – “[…]@” – on June 25, 2019, included a subject line: “DONATION”, and st