{
    "case_number": "CAC-UDRP-103955",
    "time_of_filling": "2021-08-02 09:41:20",
    "domain_names": [
        "swinetron.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Swinerton Incorporated "
    ],
    "complainant_representative": "RiskIQ, Inc. -  Incident Investigation and Intelligence (i3), Jonathan Matkowsky",
    "respondent": [
        "Rhendi  Ledford"
    ],
    "respondent_representative": null,
    "factual_background": "Recognized nationally in the U.S. since its founding in 1888, through its predecessors-in-interest and subsidiaries, the Complainant is one of the largest private companies across all industries, providing commercial construction and construction management services throughout the U.S.\r\n\r\nThe disputed domain name was registered with privacy or proxy service on July 14, 2021. Upon the CAC’s registrar verification request, the Registrar disclosed the underlying registration data, identifying Rhendi Ledford (US) as registrant.\r\n\r\nThe disputed domain name does not resolve to any active website. However, the domain name has mail server (MX) records configured.\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": "PARTIES' CONTENTIONS:\r\n\r\nComplainant:\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to the Swinerton Trademark because it includes a typographical (transposition) error of such mark. Letters adjacent on the keyboard are frequently transposed, which constitutes a form of typosquatting, and does not negate the confusing similarity of the disputed domain name to the Complainant's mark.\r\n\r\nThe Complainant also contends that the Respondent has no rights or legitimate interests to the disputed domain name. The preparatory steps, i.e., configuring ‘MX’ or mail exchange records on the disputed domain name confusingly similar to the Swinerton Trademark, are not to be considered making use, or demonstrable preparations for use, of the disputed domain name in connection with a bona fide offering of goods or services, or of making a legitimate non-commercial or fair use of the disputed domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the Complainant’s trademark.\r\n\r\nThe Complainant finally contends that the Respondent's bad faith is demonstrated by:\r\n- the registration of the disputed domain name confusingly similar to the well-known Swinerton Trademark through privacy or proxy service and using false registration information;\r\n- the configuration of mail server (MX) records. \r\nThe Respondent likely registered and is using the disputed domain name to intentionally attempt to attract, for commercial gain, Internet users to an online location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation or endorsement of a location of a mail server sending and receiving e-mails likely intended for the Complainant.\r\n\r\nThe Complainant, therefore, requests the transfer of the disputed domain name.\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": "2021-09-09 00:00:00",
    "informal_english_translation": "The Complainant is owner of the following registered trademarks: \r\n\r\n- U.S. Reg. No. 2,284,825, issued on October 12, 1999, in Int'l Cl. 35, first use October 11, 1923, for SWINERTON (Standard Characters);\r\n\r\n- U.S. Reg. No. 2,282,855, issued on October 5, 1999, in Int'l Cl. 37, first use 1923, for SWINERTON (Standard Characters); and\r\n\r\n- U.S. Reg. No. 5,756,816, issued on May 21, 2019, Int'l Cl. 35,37, first use in 2018 for SWINERTON (& Design). \r\n\r\nThe Complainant has also common law rights in the United States going as far back as 1923 based on the certified first-use dates in the '825 and '855 registrations.\r\n\r\nThe Complainant’s rights are hereinafter referred to as the Swinerton Trademark.",
    "decision_domains": {
        "SWINETRON.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}