{
    "case_number": "CAC-UDRP-104335",
    "time_of_filling": "2022-02-09 10:09:30",
    "domain_names": [
        "colasusainc.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "COLAS"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Colas Inc"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a global company based in France and established in 1929. It specializes in construction and maintenance of transport infrastructure.\r\nThe Complainant employs around 55,000 people and undertakes about 60,000 projects every year via a network of 800 construction units and 3,000 material production and recycling sites in five different continents. In 2020, the Complainant’s consolidated revenue total EUR 12.3 billion. \r\nThe disputed domain name <colasusainc.com> was registered on 5 January, 2022 and it currently resolves to a web page with commercial links.\r\nAccording to the Complainant, the disputed domain name has been used by the Respondent who was pretending being the Complainant’s employee in order to receive payments in place of the Complainant.",
    "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\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain name <colasusainc.com> and the Complainant's registered trademark COLAS are confusingly similar.\r\nThe Complainant argues that its trademark is fully contained within the disputed domain name and points out that the elements in which the signs vary, are generics and thus do not alter the overall confusion between the signs.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent is making a bona fide offering of goods or services. Moreover, the Complainant states that the Respondent has not been licensed or otherwise authorized to use any of the Complainant’s trademarks nor to apply for or use any domain name incorporating such trademarks.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states that due to the fact that the Complainant’s trademark, which is fully included in the disputed domain name, was registered many years before the disputed domain name was created, the Respondent could not be unaware of the Complainant’s rights over the name COLAS at the time of the disputed domain name registration.\r\nFinally, the Complainant underlines that the Respondent has used the disputed domain name in a phishing scheme by attempting to pass of as one of the Complainant’s employees.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not respond to the Complaint.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark 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": [
        "JUDr. Hana Císlerová, LL.M."
    ],
    "date_of_panel_decision": "2022-03-11 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademarks:\r\n• National trademark (French trademark) \r\n- No. 3051318 – COLAS in Classes 1, 19 and 37 with the priority date from 13 September, 2000;\r\n• International trademark:\r\n- No. 753190 – COLAS in Classes 1, 19 and 37, with the priority date from 16 February, 2001 with protection in notably protected in Australia, China, among other territories.",
    "decision_domains": {
        "COLASUSAINC.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}