{
    "case_number": "CAC-UDRP-104617",
    "time_of_filling": "2022-06-02 09:13:08",
    "domain_names": [
        "bouyguesbelgium.buzz"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "BOUYGUES"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "zetao jiang"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant (BOUYGUES S.A.) was founded by Francis Bouygues in 1952 and it is a diversified group of industrial companies structured by a strong corporate culture. Its businesses are centred on three sectors of activity: construction (Bouygues Construction, Bouygues Immobilier), telecoms (Bouygues Telecom) and media (French TV channel TF1 and Bouygues Telecom). Operating in over 80 countries, the Complainant’s net profit attributable to the group amounted to 1,125 million euros. \r\n\r\nThe disputed domain name <bouyguesbelgium.buzz> was registered on 21 May 2022 and is held by the Respondent. \r\n\r\nThe domain name website (i.e. website to which the disputed domain name resolves) has no content and it is inactive.\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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\nThe Complainant states that: \r\n\r\nThe disputed domain name contains the distinctive “BOUYGUES” word element, and it is thus confusingly similar to Complainant’s trademarks.\r\n\r\nThe addition of the term “BELGIUM” 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 because the Complainant also has business activities in Belgium.\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\nThe Respondent has not been commonly known by the disputed domain name.\r\n\r\nThe Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner.\r\n\r\nFurthermore, 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\nBAD FAITH REGISTRATION AND USE\r\n\r\nThe Complainant states that:\r\n\r\nComplainant’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\r\nComplainant’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\r\nThe purpose of the use and registration of the disputed domain has been, inter alia, an intentional attempt to attract, for commercial gain, companies by creating a likelihood of confusion with the Complainant’s trademarks and its company name.\r\n\r\nThe 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": "2022-06-27 00:00:00",
    "informal_english_translation": "The Complainant is, inter alia, a registered owner of the following trademarks containing a word element “BOUYGUES”:\r\n\r\n(i) BOUYGUES (figurative), International (WIPO) trademark, priority date 1 September 1972, registration date 1 September 1972, trademark registration no. 390771, registered for goods and services in int. classes 6, 19, 37, and 42; and\r\n\r\n(ii) BOUYGUES (figurative), French national trademark, priority date 4 March 1982, trademark application and registration no. 1197244, registered for goods and services in int. classes 06, 16, 19, 28, 35, 37, 40, 41, 42, 43, 44, and 45.\r\n\r\nbesides other national, EU and International (WIPO) trademarks consisting of the \"BOUYGUES\" denomination.\r\n(collectively referred to as \"Complainant's trademarks\").\r\n\r\nThe word element \"BOUYGUES \" is also a part of Complainant's registered company name BOUYGUES S.A. and various other companies affiliated with the Complainant.\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 “BOUYGUES”.",
    "decision_domains": {
        "BOUYGUESBELGIUM.BUZZ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}