FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
The Complainant draws attention to previous case law:
A domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP. WIPO Case No. D2003-0888, Dr. Ing. h.c. F. Porsche AG v. Vasiliy Terkin.
- Forum Case No. FA 1781783, Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II v. Chad Moston / Elite Media Group <bobsfromsketchers.com> (“Here, the WHOIS information of record identifies Respondent as “Chad Moston / Elite Media Group.” The Panel therefore finds under Policy paragraph 4(c)(ii) that Respondent is not commonly known by the disputed domain name under Policy paragraph 4(c)(ii).”);
- WIPO Case No. D2000-1164, Boeing Co. v. Bressi (“the Respondent has advanced no basis on which he could conclude that it has a right or legitimate interest in the domain names”);
- WIPO Case No. D2019-1401, Bouygues S.A. v. Rafael Vivier (“The Panel is further convinced that, due to the phishing activity and the inactivity of the website, there was no bona fide offering of goods or services under paragraph 4(c)(i) of the Policy, nor a noncommercial or fair use pursuant to paragraph 4(c)(iii) of the Policy.”);
- CAC case No. 101387, BOUYGUES v. Laura Clare <bouygeus-construction.com> (“Here only two characters of the disputed domain name are different from the Complainant's well known registered mark [BOUYGUES CONSTRUCTION]”);
- WIPO Case No. D2019-1401, Bouygues S.A. v. Rafael Vivier (“Furthermore, in the phishing email, the Panel takes note of the Respondent’s use of the Complainant’s logo and the inclusion of the URL of the Complainant’s domain name <bouygues-tp.com>. There is also a statement in the email’s signature that claims that the Respondent is an affiliate of the Complainant’s wholly-owned subsidiary, Bouygues Construction. When taken together, it appears that the Respondent was aware of the Complainant and was seeking to unlawfully misrepresent a connection between the Respondent and Complainant when there was none. The Panel has no hesitation in making a finding of bad faith in this case despite the inactive website.”);
- WIPO Case No. D2014-1471, Accor v. SANGHO HEO / Contact Privacy Inc. (“The un-opposed allegation of phishing, and the evidence submitted in support of phishing, combined with the likelihood of confusion, is sufficient evidence of bad faith“);
- Forum Case No. 1393436, Qatalyst Partners LP and Qatalyst Partners LLP v. Alyna Devimore / N/A (“the Panel holds that Respondent’s registration and use of the <qatalystpartnerslp.com> domain name as part of the phishing scheme described above is sufficient evidence of bad faith registration and use pursuant to Policy paragraph 4(a)(iii)”).
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