The Complainant’s contentions can be summarised as follows:
The Complainant contends that the disputed domain name is confusingly similar to its trademarks BOUYGUES®.
Indeed, the addition of the term “BUILDING” (which means in French “CONSTRUCTION”), the deletion of the letter “S” (which is not pronounced) and the the addition of the geographic term “CANADA” to the trademark BOUYGUES® is not sufficient to exclude the likelihood of confusion existing, as it refers directly to BOUYGUES BUILDING CANADA, a company belonging to the Group BOUYGUES CONSTRUCTION, and to the website www.bouyguesbuildingcanada.com.
Furthermore, it is well established that gTLDs may typically be disregarded in the assessment under paragraph 4(a)(i) of the Policy when comparing disputed domain name and trademark.
Thus, the disputed domain name is confusingly similar to the Complainant’s trademarks.
The Complainant contends that the Respondent is not affiliated with nor authorized by BOUYGUES in any way. The Complainant does not carry out any activity for, nor has any business with the Respondent.
The disputed domain name points to the Registrar parking page with commercial links related to the Complainant, in particular its subsidiary BOUYGUES TELECOM. Thus, the Complainant contends that the Respondent has registered the disputed domain name with the aim to attract internet users and to divert Internet traffic initially destined to the Complainant to the Respondent’s own website by creating a likelihood of confusion and by trading on the fame of the Complainant's trademarks BOUYGUES® and BOUYGUES CONSTRUCTION®. This does not constitute a 'bona fide' offering of goods.
Thus, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name.
Prior UDRP panels have established that the trademark BOUYGUES® is well-known.
Given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademarks.
The disputed domain name resolves to a parking page with pay per click links in relation to the Complainant, in particular with the Complainant’s subsidiary BOUYGUES TELECOM.
Thus, the Respondent has registered the disputed domain name with the aim of creating a likelihood of confusion between the domain name and the Complainant's trademark BOUYGUES®, and to take advantage of this confusion in Internet users’ minds. Therefore, the Complainant contends that disputed domain name was registered and is being used in bad faith.
Thus, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.
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