{
    "case_number": "CAC-UDRP-104027",
    "time_of_filling": "2021-09-27 09:19:42",
    "domain_names": [
        "bouygues-travauxpublics-fr.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "BOUYGUES"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Francois Frederic"
    ],
    "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. Operating in over 81 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, one of its own subsidiaries, is an expert in complex projects involving tunnels, engineering structures and road, port and rail infrastructures. Operating in France and many other countries, the entity has acknowledged expertise in managing large-scale projects with high added value and in setting up PPP projects.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its trademarks BOUYGUES and BOUYGUES TRAVAUX PUBLICS, because the trademarks BOUYGUES and BOUYGUES TRAVAUX PUBLICS are included in their entirety.\r\n\r\nThe Complainant contends that the addition of the abbreviation “FR” (for France) and hyphens is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademarks. It does not change the overall impression of the designation as being connected to the Complainant’s trademarks. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademark.\r\n\r\nFurthermore, the Complainant contends that the addition of the gTLD “.COM” does not change the overall impression of the designation as being connected to the Complainant’s trademarks. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademarks and its domain names associated.\r\n\r\nThus, the Complainant is of the view, that the disputed domain name is confusingly similar to the Complainant’s trademarks BOUYGUES and BOUYGUES TRAVAUX PUBLICS.\r\n\r\nThe Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the WHOIS information was not similar to the disputed domain name.\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 trademarks BOUYGUES and BOUYGUES TRAVAUX PUBLICS, or apply for registration of the disputed domain name by the Complainant.\r\n\r\nFurthermore, the disputed domain name to a page under construction. Therefore, the Complainant contends that Respondent did not make any use of disputed domain name since its registration, and it confirms that Respondent has no demonstrable plan to use the disputed domain name. It demonstrates a lack of legitimate interests in respect of the disputed domain name.\r\n\r\nThus, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain name.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its well-known and distinctive trademarks BOUYGUES and BOUYGUES TRAVAUX PUBLICS.\r\n\r\nPast panels have confirmed the notoriety of the trademark BOUYGUES. Besides, all of the results of a Google search of the terms “BOUYGUES TRAVAUX PUBLICS” refers to the Complainant and its subsidiaries.\r\n\r\nConsequently, given the distinctiveness of the Complainant's trademarks and its reputation, it is reasonable in the view of Complainant to infer that the Respondent has registered and used the domain name with full knowledge of the Complainant's trademark.\r\n\r\nFurthermore, the domain name resolves to a page under construction. Besides, the disputed domain name has been set up with MX records. The Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, an infringement of the Complainant’s rights under trademark law, or an attempt to attract, for commercial gain, Internet users to his own website, by creating a likelihood of confusion with Complainant's trademark as to the source, sponsorship, affiliation or endorsement of Respondent's website.\r\n\r\nAs prior WIPO UDRP panels have held, the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use.\r\n\r\nFinally, although the domain name appears to be unused, it has been set up with MX records which suggests that it may be actively used for email purposes. \r\n\r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "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": [
        "Jan Christian Schnedler, LL.M."
    ],
    "date_of_panel_decision": "2021-10-20 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks BOUYGUES, such as the international trademark BOUYGUES n° 390771 registered since September 1, 1972 and the French trademark BOUYGUES n° 1197244 registered since March 4, 1982.\r\n\r\nThe Complainant is also the owner of the international trademark BOUYGUES TRAVAUX PUBLICS n°1234824 registered since September 22, 2014.\r\n\r\nThe Complainant also owns, through its subsidiary, a number of domain names including the same distinctive wording BOUYGUES TRAVAUX PUBLICS such as <bouygues-travaux-publics-region.com>, registered since July 6, 2010.\r\n\r\nThe disputed domain name <bouygues-travauxpublics-fr.com> was registered on September 7, 2021 and resolves to a page under construction. Besides, MX servers are configured.",
    "decision_domains": {
        "BOUYGUES-TRAVAUXPUBLICS-FR.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}