{
    "case_number": "CAC-UDRP-102808",
    "time_of_filling": "2019-12-10 09:43:16",
    "domain_names": [
        "bouygues-construction-au.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "BOUYGUES"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Anthony  James"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nFounded in 1952, the Complainant is a group of companies centred on construction, telecoms and media.  The Complainant’s group operates in 93 countries, has just under 57,000 employees, and reported net profit of over EUR 1.3 billion in 2018.   The Complainant is the proprietor of the BOUYGUES CONSTRUCTION registered trademark, which mark also corresponds to the name of one of its corporate subsidiaries.  Said subsidiary designs, builds and operates public and private buildings, transport infrastructures and energy and communications networks.  Said subsidiary is also the registrant of the corresponding domain name <bouygues-construction.com>, registered since May 10, 1999.\r\n\r\nAccording to the WhoIs record, the disputed domain name was created on November 30, 2019.  It is confusingly similar to the Complainant’s BOUYGUES CONSTRUCTION registered trademark, which is included in its entirety, along with the term “AU”.  The addition of such term, being a non-distinctive geographic indication for Australia, does not add any distinctiveness to the disputed domain name.  It may lead to further confusion as it suggests that it represents an Australian operation of the Complainant’s said subsidiary.\r\n\r\nThe Respondent has no rights or legitimate interests in the disputed domain name.  The Respondent is not named as the disputed domain name in the WhoIs record, indicating that it is not commonly known thereby.   The Respondent is not related in any way to the Complainant’s business, is neither affiliated with it nor authorized by it to use the Complainant’s BOUYGUES CONSTRUCTION registered trademark, and does not carry out any activity for it or have any business with it.\r\n\r\nThe disputed domain name is being used to redirect Internet users to other commercial websites, including those of competitors of the Complainant, and to parked pages containing pay-per-click links to websites of the Complainant's competitors. Such use does not give rise to rights or legitimate interests under the Policy.\r\n\r\nThe disputed domain name has been registered and is being used in bad faith.  Previous panels under the Policy have determined that the Complainant’s BOUYGUES CONSTRUCTION mark is well-known.  Such mark is incorporated entirely in the disputed domain name.  Bad faith is further illustrated by the disputed domain name’s resolution to a pay-per-click parking page with links to websites selling products in competition with the Complainant.  It is well-established in past cases under the Policy that the use of such pages is strong evidence of bad faith.  \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which 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": [
        "Andrew Lothian"
    ],
    "date_of_panel_decision": "2020-01-08 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following International registered trademark:\r\n\r\nBOUYGUES CONSTRUCTION, word mark, registered on April 13, 2000 under number 732339 in use class 37 and designated in respect of 51 territories.  The mark has proceeded to registration in respect of the vast majority of said territories.",
    "decision_domains": {
        "BOUYGUES-CONSTRUCTION-AU.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}