{
    "case_number": "CAC-UDRP-101690",
    "time_of_filling": "2017-09-20 09:33:18",
    "domain_names": [
        "BOUYGUES-BTP.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOUYGUES TRAVAUX PUBLICS"
    ],
    "complainant_representative": "Nameshield (Maxime Benoist)",
    "respondent": [
        "Christian GAZAIGNES"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, Bouygues SA, was founded by Francis Bouygues in 1952. It is a diversified industrial group, organized around the sectors of construction (Bouygues Construction, Bouygues Immobilier, and Colas); telecoms (Bouygues Telecom) and media (TF1). \r\n\r\nThe Complainant points out that Bouygues Travaux Publics is a subsidiary of Bouygues Construction, which in turn is a subsidiary of Bouygues Construction, a world player in the fields of building, public works, energy, and services. \r\n\r\nThe Complainant asserts that it has a worldwide reputation in public works, and carries out large civil engineering and infrastructure projects, underground works, linear projects, and river and maritime engineering in France and internationally, having since 1975 worked on projects in more than 80 countries.\r\n\r\nThe Complainant underlines that it is the owner of several international trademarks containing the word \"BOUYGUES\" and of the French trademark  \"BOUYGUES TP\". \r\n\r\nThe Complainant adds that it is also the owner a number of domain names that contain the distinctive word \"BOUYGUES\", including the domain name <bouygues-tp.com>.\r\n\r\nThe Complainant states that the Disputed domain name is confusingly similar to its French trademark \"BOUYGUES TP\" and its international trademark \"BOUYGUES\".\r\n\r\nThe Complainant considers that the addition of the letter \"B\" before the letters \"TP\" in the Disputed domain name is not sufficient to avoid confusion with the Complainant's trademark  \"BOUYGUES TP\". \r\n\r\nThe Complainant submits that the addition of the letter \"B\" is a misspelling of the trademark \"BOUYGUES TP\".\r\n\r\nThe Complainant points out that the word \"BTP\" is the acronym of \"Bâtiment Travaux Publics\", which is the wording commonly used in the French language for indicating the civil engineering sector.\r\n\r\nThe Complainant observes that when a distinctive mark is paired with less distinctive terms, the resulting combination is usually considered confusingly similar to the distinctive mark.\r\n\r\nThe Complainant claims that even with the addition of the letter \"B\" the Disputed domain name gives an overall impression of connection with the Complainant's trademarks. \r\n\r\nFor the above-mentioned reasons, the Complainant considers that the Disputed domain name is confusingly similar to the Complainant's trademarks.\r\n\r\nThe Complainant states that the Respondent is not authorized to use the Complainant's trademarks and that there is no affiliation between the Complainant and the Respondent. \r\n\r\nThe Complainant states that the Respondent has no right nor legitimate interest in the disputed domain name and that the Respondent is not related in any way to the Complainant's business. The Complainant declares that it does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe Complainant observes that the Disputed domain name is not resolving to any active website. The Complainant considers that this fact demonstrates a lack of legitimate interest in respect of the Disputed domain name.\r\n\r\nThe Complainant argues that the Respondent has registered the Disputed domain name with the sole aim to prevent the Complainant to register it and that this can be considered as passive holding. \r\n\r\nThe Complainant notes that the Disputed domain name has been registered with a whois privacy service. \r\n\r\nThe Complainant adds that, after the registrar verification, it appears that the Respondent registered the Disputed domain name using false whois data and trying to pass himself as one of the Complainant's top managers.\r\n\r\nOn the basis of the above-mentioned elements the Complainant contends that the Respondent has no right or legitimate interests in respect of the Disputed domain name.\r\n\r\nThe Complainant argues that by registering the Disputed domain name with the misspelling of the trademark \"BOUYGUES TP\" the Respondent shows that his intention was to register a domain name confusingly similar to the Complainant's trademarks and that this fact is evidence of bad faith.\r\n\r\nThe Complainant points out that, given the distinctiveness and reputation of the Complainant's trademarks, it is reasonable to infer that the Respondent has registered the Disputed domain name with full knowledge of the Complainant's trademarks.\r\n\r\nThe Complainant considers also that the fact that the Disputed domain name does not resolve to any active website and that false whois data were used for the registration constitute further evidence of bad faith.\r\n\r\nOn these bases the Complainant concludes that the Respondent has registered and is using the Disputed domain name in bad faith.\r\n\r\nIn light of the above, the Complainant requests the transfer in its favor of the Disputed domain name. ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the Disputed domain name.",
    "no_response_filed": "No administratively compliant Response has been filed. ",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy).",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii)of the Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).",
    "procedural_factors": "The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2017-10-30 00:00:00",
    "informal_english_translation": "The Complainant is the registrant of the following trademarks: \r\n\r\n- French trademark registration No. 98763439, \"BOUYGUES TP\", registered on December 9, 1998, for goods and services in classes 37 and 42.\r\n\r\n- International trademark registration No. 1234824, \"BOUYGUES TRAVAUX PUBLICS\", registered on September 22, 2014, for goods and services in classes 37 and 42. \r\n\r\n- International trademark registration No. 949188, \"BOUYGUES\", registered on September 27, 2007, for goods and services in classes 6, 19, 37. \r\n\r\n- International trademark registration No. 390770, \"BOUYGUES\", registered on September 1, 1972, for goods and services in classes 6, 19, 37, 42. \r\n\r\nThe Disputed domain name was registered by the Respondent on September 7, 2017. ",
    "decision_domains": {
        "BOUYGUES-BTP.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}