{
    "case_number": "CAC-UDRP-104554",
    "time_of_filling": "2022-05-09 09:11:20",
    "domain_names": [
        "spie-batignolles-nord.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "SPIE BATIGNOLLES "
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "spie batignolles"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant (SPIE BATIGNOLLES) is a French construction company based in Neuilly-sur-Seine. The company provides building and infrastructure construction in France, Germany, the United Kingdom, Spain, Portugal and Switzerland.\r\n\r\nThe disputed domain name <spie-batignolles-nord.com> was registered on 19 April 2022 and is held by the Respondent. \r\n\r\nThe domain name website (i.e. website available under internet address containing the disputed domain name) merely provides automatically generated links to various and apparently random third party content.\r\n\r\nThe Complainant seeks transfer of the disputed domain name to Complainant. \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": "The Parties' contentions are the following:\r\n\r\nCOMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\nThe Complainant states that: \r\n\r\n- \tThe disputed domain name contains the distinctive “SPIE BATIGNOLLES” word element, and it is thus identical to Complainant’s trademarks.\r\n- \tThe addition of the term “NORD” is not sufficient to escape the finding that the disputed domain name is confusingly similar to Complainant's trademarks, as it does not prevent the likelihood of confusion between the disputed domain name and the Complainant, Complainant's trademarks and its business. On the contrary, such geographical indication may further mislead the consumers.\r\n\r\nThus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain name is clearly established.\r\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\nThe Complainant states that:\r\n\r\n-\tThe Respondent has not been commonly known by the disputed domain name.\r\n-\tThe Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner.\r\n-\tFurthermore, the domain name website has been inactive, which implies that there is no Respondent’s intention to use the disputed domain name for legitimate purposes.\r\n\r\n-\tThe Respondent is identified in the WHOIS database as \"spie batignolles\". However, the postal address does not match with any of the Complainant's establishment and the email address or the phone number are not controlled by the Complainant or its entity in any way. The Complainant therefore asserts that the Respondent choose to register the domain name under the fake name “spie batignolles” to worsen the likelihood of confusion with the Complainant.\r\n \r\n\r\nBAD FAITH REGISTRATION AND USE\r\n\r\nThe Complainant states that:\r\n\r\n-\tComplainant’s trademarks pre-dates the registration of the disputed domain name and the Respondent has never been authorized by the Complainant to register it.\r\n-\tComplainant’s trademarks enjoy status of well-known trademarks and the Respondent must have been aware of their existence while registering the disputed domain name.\r\n-\tThe purpose of the use and registration of the disputed domain has been, inter alia, an intentional attempt to attract, likely for commercial gain, companies by creating a likelihood of confusion with the Complainant’s trademarks and its company name.\r\n-\tThe disputed domain name does not resolve to any genuine content, which constitutes passive holding. Registration and passive holding of a domain name, which has no other legitimate use and clearly refers to the Complainant's trademark, may constitute registration and use in bad faith.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent has not provided any response 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 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": [
        "JUDr. Jiří Čermák"
    ],
    "date_of_panel_decision": "2022-06-15 00:00:00",
    "informal_english_translation": "The Complainant is, inter alia, a registered owner of the following trademarks containing word elements \"SPIE BATIGNOLLES”:\r\n(i) SPIE BATIGNOLLES (figurative), WIPO trademark, priority date 19 October 1988, registration date 17 February 1989, trademark registration no. 535026, registered for goods and services in int. classes 1, 4, 6, 7, 8, 9, 11, 12, 16, 17, 19, 35, 37, 38, 39, 40, 41, and 42; and\r\n(ii) SPIE BATIGNOLLES (figurative), EU Trademark, priority date 31 October 2003, trademark application no. 003540226, registered for goods and services in int. classes 1, 2, 6, 19, 37, and 42.\r\n\r\nbesides other national trademarks consisting of the \"SPIE BATIGNOLLES\" denomination.\r\n(collectively referred to as \"Complainant's trademarks\").\r\n\r\nThe word element \"SPIE BATIGNOLLES \" is also a part of Complainant's registered company name.\r\n\r\nThe Complainant has also registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term “SPIE BATIGNOLLES”.",
    "decision_domains": {
        "SPIE-BATIGNOLLES-NORD.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}