{
    "case_number": "CAC-UDRP-103463",
    "time_of_filling": "2020-12-18 09:30:05",
    "domain_names": [
        "carrieresbouygues-construction.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "BOUYGUES"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Bernard POINTU"
    ],
    "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 over 90 countries and has just over 58,000 employees.   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 infrastructure, and energy and communications networks.  Said subsidiary is also the registrant of the corresponding domain name <bouygues-construction.com>, registered on May 10, 1999.\r\n\r\nAccording to the WhoIs record, the disputed domain name was created on November 6, 2020.  It resolves to a parking page with commercial links.  It is confusingly similar to the Complainant’s BOUYGUES CONSTRUCTION registered trademark, which is included in its entirety, along with the term “CARRIERES” (which means “CAREERS” in French).  The addition of such term does not change the overall impression of the designation as being connected to the Complainant’s trademarks and does not prevent the likelihood of confusion between the disputed domain name and the Complainant and associated trademarks.\r\n\r\nThe Respondent has no rights or legitimate interests in the disputed domain name.  The Respondent has not acquired trademark rights in this term and is not known as the disputed domain name in the WhoIs database, indicating that it is not commonly known thereby.   The Respondent is not affiliated with the Complainant 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 resolves to a parking page with commercial links, which does not constitute a bona fide offering of goods or services or a legitimate non-commercial or fair use. \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.  By adding the French term for careers in the disputed domain name, the Respondent intends to target job applicants seeking to work for the Complainant’s subsidiary.  The Respondent is from France.  It is reasonable to infer given the distinctiveness of the Complainant’s trademark and reputation that the Respondent registered the disputed domain name with full knowledge of said mark.  \r\n\r\nBad faith is further illustrated by the disputed domain name’s resolution to a parking page with commercial links.  The Respondent is attempting to attract Internet users for commercial gain to its own website by way of the Complainant’s trademark, which is 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": "2021-01-13 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.\r\n",
    "decision_domains": {
        "CARRIERESBOUYGUES-CONSTRUCTION.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}