{
    "case_number": "CAC-UDRP-103668",
    "time_of_filling": "2021-03-18 09:06:04",
    "domain_names": [
        "fr-bouygues-construction.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "BOUYGUES"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "BOUYGUES CONSTRUCTION"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\nThe Complainant submitted references to prior panel decisions:\r\nCAC Case No. 102808, BOUYGUES v. Anthony James <bouygues-construction-au.com> (“Whether the letters “au” may be intended as a geographic indication or not, their inclusion along with the Complainant’s distinctive mark does not avoid a finding of confusing similarity under the Policy. Said mark is clearly recognizable in the disputed domain name as the first and most dominant element thereof. Neither the letters “au”, nor the dashes or hyphens, serve to distinguish the disputed domain name from said mark. The generic Top-Level Domain, in this case “.com”, is typically disregarded for the purposes of the comparison exercise.”).\r\n\r\nForum Case No. FA 1781783, Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II v. Chad Moston \/ Elite Media Group <bobsfromsketchers.com> (“Here, the WHOIS information of record identifies Respondent as “Chad Moston \/ Elite Media Group.” The Panel therefore finds under Policy paragraph 4(c)(ii) that Respondent is not commonly known by the disputed domain name under Policy paragraph 4(c)(ii).”).\r\n\r\nCAC case No. 101387, BOUYGUES v. Laura Clare <bouygeus-construction.com> (“Here only two characters of the disputed domain name are different from the Complainant's well known registered mark [BOUYGUES CONSTRUCTION]”).",
    "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\nTHE DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe Complainant, Bouygues, is a French industrial group founded in 1952. The Complainant operates in various sectors including construction and real estate development.\r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s trademark \"BOUYGUES CONSTRUCTION\". The addition of the term “fr” and the hyphens are not sufficient to escape the finding that the domain name is confusingly similar to the trademark \"BOUYGUES CONSTRUCTION\". It does not change the overall impression of the designation as being connected to the Complainant’s trademark \"BOUYGUES CONSTRUCTION\" and does not prevent the likelihood of confusion between the disputed domain name and the Complainant's trademark.\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DOMAIN NAME\r\n\r\nThe Respondent has no rights to the disputed domain name, and any use of the trademarks “BOUYGUES CONSTRUCTION” has to be authorized by the Complainant.\r\n\r\nThe Respondent usurped the Complainant's subsidiary BOUYGUES CONSTRUCTION's identity whereas it is not affiliated with the Complainant.\r\n\r\nLastly, the Complainant states it did not find any fair or non-commercial uses of the disputed domain name at stake.\r\n\r\nTHE DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\nThe domain name <FR-BOUYGUES-CONSTRUCTION.COM> was registered and is used in bad faith.\r\n\r\nGiven the distinctiveness of the Complainant's trademarks and its reputation, the Respondent has registered and used the domain name with full knowledge of the Complainant's trademark.\r\n\r\nThe Respondent usurped the Complainant's subsidiary's identity, which additionally evidences the Respondent's knowledge of the Complainant.\r\n\r\nThe current inactive use of the disputed domain name which reproduces the Complainant's trademark is a further evidence of bad faith registration and use on the part of the Respondent.\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\nCOMPLAINANT:\r\n\r\nRESPONDENT:\r\nNO 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": [
        "Arthur Fouré"
    ],
    "date_of_panel_decision": "2021-04-21 00:00:00",
    "informal_english_translation": "The Complainant has provided evidence of ownership of the following trademarks:\r\n\r\nInternational trademark BOUYGUES CONSTRUCTION, registered on 13th April 2000 under No. 732339, duly renewed, and covering services in international class 37.\r\n",
    "decision_domains": {
        "FR-BOUYGUES-CONSTRUCTION.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}