{ "case_number": "CAC-UDRP-103665", "time_of_filling": "2021-03-18 09:01:33", "domain_names": [ "bouygues-construction.cam" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BOUYGUES" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "marines supply Inc" ], "respondent_representative": null, "factual_background": "As leader in sustainable construction, the Group and its 58,000 employees have a long-term commitment to helping their customers shape a better life.\r\n\r\nThe Complainant is also the owner of several trademarks BOUYGUES CONSTRUCTION®, such as the international trademark BOUYGUES CONSTRUCTION® n°732339 registered since April 13, 2000.\r\n\r\nThe Complainant also owns, through its subsidiary, a number of domain names including the same distinctive wording BOUYGUES CONSTRUCTION® such as , registered since May 10, 1999.\r\n\r\nThe disputed domain name was registered on January 11, 2021 and resolves to a parking page with commercial links.\r\n\r\nAccordingly, a simple comparison of Complainant’s Mark’s and the disputed domain name demonstrates that the two are confusingly similar. Therefore, Complainant has established the first element of the Policy under paragraph 4(a).\r\n\r\nThe Respondent does not use, and has not used, the disputed domain name in connection with a bona fide offering of goods or services.\r\n\r\nRespondent is not commonly known by the disputed domain name.\r\n\r\nThere is no evidence that Respondent is commonly known by the disputed domain name.\r\n\r\nRespondent does not use the disputed domain name for any legitimate or non-commercial fair use.\r\n\r\nThe Complainant states that the disputed domain name is identical to its trademark BOUYGUES CONSTRUCTION®. Indeed, the domain name includes it in its entirety.\r\n\r\nThe Complainant contends that addition of the new gTLD suffix ‘’.CAM” is not sufficient to escape the finding that the disputed domain name is identical to the Complainant's trademark and does not change the overall impression of the designation as being connected to its trademark.\r\n\r\nIndeed, as reminded in the WIPO Overview 3.0 §1.11.1, “the applicable Top Level Domain (“TDL”) in a domain name (e.g., “.com”, “.club”, “.nyc”) is viewed as a standard registration requirement and as such is disregarded under the first element confusion similarity test”.\r\n\r\n\r\nPrevious panels confirmed the right of the Complainant:\r\n\r\n- WIPO Case No. D2020-3393, Bouygues v. Eric Bouret ;\r\n\r\n- CAC Case No. 103458, BOUYGUES v. BOUCHON MARLENE ;\r\n\r\n- CAC Case No. 103173, BOUYGUES v. 36 karatt . ", "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).\r\n\r\nThe Complainant states that the disputed domain name is identical to its trademark BOUYGUES CONSTRUCTION®. Indeed, the domain name includes it in its entirety.\r\n\r\nThe Complainant contends that addition of the new gTLD suffix ‘’.CAM” is not sufficient to escape the finding that the disputed domain name is identical to the Complainant's trademark and does not change the overall impression of the designation as being connected to its trademark.\r\n\r\nIndeed, as reminded in the WIPO Overview 3.0 §1.11.1, “the applicable Top Level Domain (“TDL”) in a domain name (e.g., “.com”, “.club”, “.nyc”) is viewed as a standard registration requirement and as such is disregarded under the first element confusion similarity test”.", "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).\r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BOUYGUES CONSTRUCTION®, or apply for registration of the disputed domain name by the Complainant.", "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).\r\n\r\nGiven the distinctiveness of the trademark and the content of its website, it is clear that the Respondent registered the disputed domain name in knowledge of the Complainant and its trademark.\r\n\r\nAll these elements lead to the conclusion that the Respondent has intentionally attempted to attract Internet users to the Respondent´s website for commercial gain by creating a likelihood of confusion with the Complainant´s trademarks as to the source, sponsorship, affiliation, or endorsement of such websites.\r\n\r\n\r\nFurthermore, the disputed domain name resolves to a parking page with commercial links. Past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use:\r\n\r\n- Forum Case No. FA 970871, Vance Int’l, Inc. v. Abend (concluding that the operation of a pay-per-click website at a confusingly similar domain name does not represent a bona fide offering of goods or services or a legitimate noncommercial or fair use, regardless of whether or not the links resolve to competing or unrelated websites or if the respondent is itself commercially profiting from the click-through fees);\r\n\r\n- WIPO Case No. D2007-1695, Mayflower Transit LLC v. Domains by Proxy Inc.\/Yariv Moshe (\"Respondent’s use of a domain name confusingly similar to Complainant’s trademark for the purpose of offering sponsored links does not of itself qualify as a bona fide use.\").\r\n\r\nThus, in accordance with the foregoing, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain name.\r\n", "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. Vít Horáček" ], "date_of_panel_decision": "2021-04-28 00:00:00", "informal_english_translation": "Founded by Francis Bouygues in 1952, BOUYGUES S.A. (the Complainant) is a diversified group of industrial companies structured by a strong corporate culture. Its businesses are centered on three sectors of activity: construction, with Bouygues Construction, Bouygues Immobilier, and Colas; and telecoms and media, with French TV channel TF1 and Bouygues Telecom. Operating in nearly 90 countries, the Complainant’s net profit attributable to the Group amounted to 696 million euros.\r\n\r\nIts subsidiary BOUYGUES CONSTRUCTION is a world player in the fields of building, public works, energy, and services (please see their website at http:\/\/www.bouygues-construction.com. ", "decision_domains": { "BOUYGUES-CONSTRUCTION.CAM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }