{
    "case_number": "CAC-UDRP-103875",
    "time_of_filling": "2021-06-21 10:07:10",
    "domain_names": [
        "bouygues-construction-fr.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOUYGUES"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Stuart  Lee"
    ],
    "respondent_representative": null,
    "factual_background": "Founded by Francis Bouygues in 1952, 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. \r\n\r\nOperating in over 80 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. As a global player in construction and services, Bouygues Construction designs, builds and operates buildings and structures which improve the quality of people's living and working environment: public and private buildings, transport infrastructures and energy and communications networks. As leader in sustainable construction, the Complainant and its 58,000 employees have a long-term commitment to helping their customers shape a better life.\r\n\r\nThe disputed domain name was registered by Stuart Lee on 29 May 2021 and resolves to a parking page with commercial links.\r\n\r\nThe facts asserted by the Complainant are not contested by the Respondent.",
    "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": "Complainant:\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to the BOUYGUES CONSTRUCTION trademark, since it fully reproduces such earlier mark combined with the non-distinctive letters \"FR\" and the TLD \".COM\".\r\n\r\nThe Complainant also contends that the Respondent has no rights or legitimate interests to the disputed domain name. The disputed domain name resolves to a parking page with PPC links. That is not a good faith or fair use of the domain name, without intent for commercial gain to mislead consumers or to tarnish the Complainant's mark.\r\n\r\nThe Complainant finally contends that the Respondent's bad faith is demonstrated by the registration of the disputed domain name confusingly similar to the well-known BOUYGUES CONSTRUCTION trademark and by the use of the same to resolve to a parking page. Indeed, the Complainant contends the Respondent has attempted to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademark for its own commercial gain, which is an evidence of bad faith.\r\n\r\nThe Complainant, therefore, requests the transfer of the disputed domain name.\r\n\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": [
        "Avv. Ivett Paulovics"
    ],
    "date_of_panel_decision": "2021-07-19 00:00:00",
    "informal_english_translation": "The Complainant is owner of the international trademark (word) BOUYGUES CONSTRUCTION no. 732339, registered since 13 April 2000, in class 37.\r\n\r\nThrough its subsidiary conducting business under the trade name Bouygues Construction, the Complainant also owns the domain name <bouygues-construction.com>, registered since 10 May 1999.",
    "decision_domains": {
        "BOUYGUES-CONSTRUCTION-FR.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}