{
    "case_number": "CAC-UDRP-103748",
    "time_of_filling": "2021-06-24 09:55:51",
    "domain_names": [
        "swimerton.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Swinerton Incorporated "
    ],
    "complainant_representative": "RiskIQ, Inc. -  Incident Investigation and Intelligence (i3), Jonathan Matkowsky",
    "respondent": [
        "zhongtai  lin"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant was founded in 1888 and today is one of the largest private companies across all industries in the U.S. It provides commercial construction and construction management services throughout the U.S. The Complainant provides information on its services online at <swinerton.com>.",
    "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 the disputed domain name is confusingly similar to the Trademark and that the present case is a clear case of typosquatting.\r\n\r\nFurthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent is not affiliated with, nor authorized by the Complainant in any way, that the Complainant does not carry out any activity for, nor has any business with the Respondent, and that neither license, nor authorization has been granted by the Complainant to the Respondent to make any use of the Trademark, or apply for registration of the disputed domain name or any other domain name. The Complainant also states that the Respondent is not commonly known by the disputed domain name. Finally, the Complainant argues that the Respondent is using the disputed domain name to send or receive emails and that such use will likely lead recipients of the email to mistakenly believe that the mail originates with permission or approval of the trademark owner.\r\n\r\nFinally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. In this regard, the Complainant contends that the Trademark is highly distinctive and long-established and that the present case is a clear case of typosquatting which indicates bad faith registration. Furthermore, the Complainant has submitted evidence that an Internet search of the second level of the disputed domain name prior to registration leads Google to suggest that the search is meant for \"Swinerton\" and argues that this is suggestive that the Respondent knew or should have known that its registration would be identical or confusingly similar to the Trademark. The Complainant also states that the Respondent configured MX server records for the disputed domain name and therefore uses the disputed domain name as part of a fraudulent scheme, such as to obtain sensitive or confidential personal information, or to solicit payment of fraudulent invoices.\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": [
        "Peter Müller"
    ],
    "date_of_panel_decision": "2021-08-02 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademark registrations in the U.S., inter alia trademark registration no. 2,284,825 SWINERTON, registered on October 12, 1999, for various services in class 35 (hereinafter referred to as the \"Trademark\").",
    "decision_domains": {
        "SWIMERTON.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}