{
    "case_number": "CAC-UDRP-104381",
    "time_of_filling": "2022-03-01 08:45:45",
    "domain_names": [
        "colasaccounting.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "COLAS"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Adrian Alberto Salom Berrio"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nPRELIMINARY REQUEST FOR ENGLISH TO BE THE LANGUAGE OF THIS PROCEEEDING\r\n\r\nAs requested by the CAC, the Complainant filed preliminary request in order to require English to be the language of the administrative proceeding at issue for the following ground:\r\n\r\n- The domain name is constituted of trademark \"COLAS\" and English term \"Accounting\".\r\n\r\nTherefore, in accordance with the instructions submitted by the CAC, for the reason described above, the Complainant requested the Panel to maintain English as the proceedings language.\r\n\r\n\r\nON THE MERIT\r\n\r\nThe Complainant is a major player in transport infrastructure activities and it is present in three business areas: roads (road construction and maintenance work), materials (production and recycling of construction materials, mainly aggregates and bitumen) and railways. The Complainant is worldwide known by its \"COLAS\" trademark. The Complainant employs around 55.000 people globally and undertakes about 60.000 projects every year via a network of 800 construction units and 3.000 material production and recycling sites. On 2020, the Complainant's consolidated revenue totalled EUR 12.3 billion.\r\n\r\nThe disputed domain name <colasaccounting.com> was registered on September 21, 2021.\r\n\r\nThe Complainant states that the disputed domain name <colasaccounting.com> is confusingly similar to its trademark \"COLAS\". Actually, in the Complainant's view, the addition of the term \"accounting\" is not sufficient to escape the finding that the domain name is confusingly similar to the trademark \"COLAS\".\r\n\r\nThe Complainant states that the Respondent is not affiliated with him nor authorized by him in any way. The Complainant states that the Respondent has no right nor legitimate interest in the disputed domain name and it is not related in any way to its business. The Complainant does not carry out any activity for, nor has any business with the Respondent. The Respondent is not commonly known by <colasaccounting.com> or by other names similar to the disputed domain name.\r\n\r\nThe Complainant also notes that the domain name <colasaccounting.com> is not used and that, given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with the full knowledge of the Complainant's trademarks. It is the Complainant's view that the incorporation of a famous mark into a domain name, coupled with an inactive website, is evidence that the Respondent has registered the disputed domain name and is using it in bad faith.\r\n\r\nFinally, the Complainant notes that, although the website associated with the disputed domain name does not appear to be used, the MX record seems to have been configured in such a manner to likely offer e-mailing capabilities associated with the disputed domain name.  ",
    "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": "PRELIMINARY REQUEST FOR ENGLISH TO BE THE LANGUAGE OF THIS PROCEEEDING\r\n\r\nAs regards to the Complainant’s request for the language of the proceedings to be in English, notwithstanding the fact that, as evidenced by the Domain Registrar's Verification, Spanish is the language of the registration agreement of the disputed domain name, under Paragraph 11 of the Rules, the Panel is free to deviate from the language of the registration agreement depending on the particular circumstances of each case. Here, the Respondent has clearly decided to avoid any communication after the filing of the Complaint maintaining an obvious passive attitude during this proceeding. Also, the disputed domain name consists of the trademark \"COLAS\" and English term \"accounting\" and both terms are correctly spelt, this meaning that the Respondent is familiar with the English language. Against this background, the Panel is willing to accept to lead this proceeding in English, given that the Respondent obviously has no disadvantages arising from doing so and is still treated equally and fair within the scope of Paragraph 10 of the Rules (see, between many others, Intesa Sanpaolo S.p.A. vs. Marco Fabrone, CAC Case No. 102689 and Intesa Sanpaolo S.p.A. vs. Michele Del Nvo, CAC Case No. 102993).\r\n\r\nThe 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. Guido Maffei"
    ],
    "date_of_panel_decision": "2022-04-01 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks. In particular, COLAS owns:\r\n(i) the International Registration No. 753190 \"COLAS\" registered on February 16, 2001 for classes 1, 19 and 37, duly renewed and protected in numerous countries;\r\n(ii) the French Registration No. 3051318 \"COLAS\" registered on September 13, 2000 for classes 1, 19 and 37, duly renewed.",
    "decision_domains": {
        "COLASACCOUNTING.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}