{
    "case_number": "CAC-UDRP-103608",
    "time_of_filling": "2021-03-09 09:17:03",
    "domain_names": [
        "swnerton.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Swinerton Incorporated "
    ],
    "complainant_representative": "RiskIQ, Inc. -  Incident Investigation and Intelligence (i3), Jonathan Matkowsky",
    "respondent": [
        "caroline  Marquez"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, recognized nationally in the U.S. since its founding in 1888, through its predecessors-in-interest and subsidiaries, is one of the largest private companies across all industries providing commercial construction and construction management services throughout the U.S.\r\n\r\nThe Complainant owns several registrations for the SWINERTON trademark. \r\n\r\nThe disputed domain name <swnerton.com> was registered on March 4, 2021 and is used for a pay-per-click page displaying commercial advertisements, including links related to the Complainant’s trademark.\r\n\r\nThe Complainant’s trademarks long predate the disputed domain name.\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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that: \r\n\r\n- the disputed domain name <swnerton.com> is almost identical to the Complainant's SWINERTON trademark,\r\n - the Respondent lacks rights or legitimate interests in the disputed domain name, and that \r\n- the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\n\r\nRESPONDENT: \r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n",
    "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": [
        "Dr.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2021-03-31 00:00:00",
    "informal_english_translation": "The Complainant has proven to be the owner of the SWINERTON trademark.\r\n\r\nThe Complainant is, inter alia, the owner of the following trademarks:\r\n\r\n- U.S. trademark SWINERTON (word), reg. No. 2,284,825, registered on October 12, 1999. First use in commerce November 10, 1923;\r\n- U.S. trademark SWINERTON (word), reg. No. 2,282,855, registered on October 5, 1999. First use in commerce in 1923;\r\n- U.S. trademark SWINERTON (& Design), reg. No. 5,756,816, registered on May 21, 2019.\r\n\r\nThe Complainant also has common law rights in the United States going as far back as 1923 based on the certified first-use dates in the 2,284,825 and 2,282,855 registrations.",
    "decision_domains": {
        "SWNERTON.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}