{
    "case_number": "CAC-UDRP-103041",
    "time_of_filling": "2020-04-29 14:05:22",
    "domain_names": [
        "spiebatignolles-fr.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "SPIE BATIGNOLLES"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "eastman.com"
    ],
    "respondent_representative": null,
    "factual_background": "Complainant states that it “is a French construction company based in Neuilly-sur-Seine” that “provides building and infrastructure construction in France, Germany, the United Kingdom, Spain, Portugal and Switzerland.”  Complainant is the registrant of and uses the domain name <spiebatignolles.fr> (created July 30, 2004).\r\n\r\nThe Disputed Domain Name was created on April 14, 2020, and “redirects to commercial links (‘PPC’).”\r\n\r\nParagraph 4(a)(i): Complainant states, inter alia, that the Disputed Domain Name is confusingly similar to the SPIE BATIGNOLLES Trademark because “[t]he addition of the country geographically descriptive abbreviation ‘FR’ for ‘France’ is not sufficient to avoid the likelihood of confusion with the Complainant.”\r\n\r\nParagraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in the Disputed Domain Name because, inter alia, “Respondent is not identified in the WHOIS database as the disputed domain name”; “Respondent is not affiliated with nor authorized by SPIE BATIGNOLLES SA in any way”; “[n]either licence nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark SPIE BATIGNOLLES”; and “use of a domain name to host a parked page comprising PPC links does not represent a bona fide offering where such links compete with Complainants’ trademark.”\r\n\r\nParagraph 4(a)(iii): Complainant states that the Disputed Domain Name was registered and is being used in bad faith because, inter alia, “the disputed domain name redirects to a parking page with commercial links” and “[i] t has been recognized that such use of trademark to generate revenue from Internet advertising can constitute registration and use in bad faith” and, therefore, “the Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent’s website, by creating a likelihood of confusion with Complainant’s mark.”\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and 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 UDRP).",
    "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 UDRP).",
    "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 UDRP).",
    "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": [
        "Douglas M. Isenberg"
    ],
    "date_of_panel_decision": "2020-05-27 00:00:00",
    "informal_english_translation": "Complainant states, and provides evidence to support, that it is the owner of “several trademarks” that consist of “SPIE BATIGNOLLES,” including Int’l Reg. No. 535,026 (registered February 17, 1989), EU Reg. No. 3,540,226 (registered October 21, 2003), and French Reg. No. 1,494,661 (registered October 19, 1988).  These marks are referred to hereafter as the “SPIE BATIGNOLLES Trademark.”",
    "decision_domains": {
        "SPIEBATIGNOLLES-FR.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}