{
    "case_number": "CAC-UDRP-103786",
    "time_of_filling": "2021-05-12 10:12:36",
    "domain_names": [
        "SWINTERTON.COM"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Swinerton Incorporated "
    ],
    "complainant_representative": "RiskIQ, Inc. -  Incident Investigation and Intelligence (i3), Jonathan Matkowsky",
    "respondent": [
        "Catch All Investments LLC"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant was founded on 1888 and nowadays is one of the largest private companies across all industries providing commercial construction and construction management services through the U.S.\r\n\r\nThe Complainant holds several trademark registrations for “SWINERTON”.\r\n\r\nThe Respondent registered the disputed domain name <swinterton.com>. The domain name is currently inactive.\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\n1. THE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR\r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s well-known and distinctive trademark “SWINERTON” as it bears the Complainant’s “SWINERTON” trademark as a whole with the addition of the letter “T”.\r\n\r\nThe Complainant states that the disputed domain name contains an obvious misspelling of the Complainant’s trademark and the present case is a clear example of typosquatting where the disputed domain name is a slight alphabetical variation of the Complainant’s trademark.\r\n\r\n2. NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant states that the Respondent has no rights on the disputed domain name as the Respondent is not known as the disputed domain name and as the Respondent does not hold any trademark for “SWINERTON”.\r\n\r\nThe Complainant also states that the Respondent is neither affiliated nor authorized by the Complainant in any way and they do not carry out any business activity together.\r\n\r\nThe Complainant also alleges that neither license nor authorization has been granted to the Respondent to use the Complainant’s trademark “SWINERTON”. \r\n\r\nThe Complainant argues that the Respondent is not using the domain name in connection with bona fide offering of goods or services or a legitimate non-commercial or fair use.\r\n\r\nThe Complainant indicates that it has made a prima facie case that the Respondent lacks legitimate rights or interests in the disputed domain name and the burden of proof has shifted to the Respondent.\r\n\r\n3. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\n\r\nThe Complainant indicates that the Respondent intentionally used a misspelled version of the Complainant’s trademark in order to create a confusing similarity.\r\n\r\nThe Complainant asserts that considering the well-known status of the Complainant’s trademark, the Respondent knew about the Complainant and its rights before the registration of the disputed domain name. Accordingly, the disputed domain name was registered and is being used in bad faith. \r\n\r\nThe Complainant also states that the disputed domain name is not being used for any bona fide offering and this fact, not being used of the disputed domain name, alone is sufficient to prove the bad faith of the Respondent according to many WIPO UDRP decisions.\r\n\r\nAccordingly, the Complainant alleges that the disputed domain name was registered and is being used in bad faith.\r\n\r\nRESPONDENT:\r\n\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": [
        "Mrs Selma Ünlü"
    ],
    "date_of_panel_decision": "2021-06-23 00:00:00",
    "informal_english_translation": "The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the following:\r\n\r\n-\tthe US trademark SWINERTON (registration n°2,284,825) dated October 12, 1999;\r\n-\tthe US trademark SWINERTON (registration n°2,282,855) dated October 05, 1999;\r\n-\tthe US trademark SWINERTON (registration n°5,756,816) dated May 21, 2019.\r\n\r\nMoreover, the Complainant is also the owner of common law right in the United States going far back to 1923 based on the certified first-use dates in '825 and '855 registrations.",
    "decision_domains": {
        "SWINTERTON.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}