{ "case_number": "CAC-UDRP-104842", "time_of_filling": "2022-09-13 09:44:31", "domain_names": [ "bouyguesbatiment-iles-de-france.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "BOUYGUES" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Rafael Vivier" ], "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.<\/span><\/p>\n

Operating in over 80 countries, the Complainant’s net profit attributable to the Group amounts to 1,125 million euros.<\/span><\/p>\n

The disputed domain name <bouyguesbatiment-iles-de-france.com> was registered on 30 October 2019 and resolves to a website without any substantial content. Moreover, the disputed domain name has been used in relation with a phishing attempt.<\/p>\n

The facts asserted by the Complainant are not contested by the Respondent.<\/span><\/p>", "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.<\/p>", "no_response_filed": "

Complainant:<\/span>

The Complainant contends that the disputed domain name is confusingly similar to its trademark, since it incorporates in its entirety the Complainant’s registered and well-known BOUYGUES BATIMENT Trademark. The mere addition of the terms <\/span>“ILES DE FRANCE” does not prevent a finding of confusing similarity to the Complainant's trademark.<\/span>

The Complainant contends that the Respondent has nothing to do with the Complainant, nor has been licensed or authorised to register or use the disputed domain name. The disputed domain name does not correspond to the Respondent's name, nor is this latter commonly known by the disputed domain name or owns any corresponding registered trademarks. The disputed domain name resolves to an inactive website and the Respondent has used it in a phishing scheme to pass himself off as one of the Complainant’s employees. Using the domain name in this manner is neither a bona fide offering of goods or services, nor a non-commercial or fair use under the Policy.<\/span>

Finally, the Complainant contends that, given the distinctiveness and reputation of the BOUYGUES BATIMENT Trademark, it is unlikely that the Respondent had no knowledge of the Complainant's mark when he had registered the disputed domain name confusingly similar to such mark. To the contrary, the Respondent has used the disputed domain to send phishing e-mails. Therefore, it is clear that the disputed domain name has been registered and used with bad faith intention.<\/span>

The Complainant, therefore, requests the transfer of the disputed domain name.<\/span>

Respondent:<\/span>

No administratively compliant Response has been filed.<\/span><\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Ivett Paulovics" ], "date_of_panel_decision": "2022-10-13 00:00:00", "informal_english_translation": "

The Complainant is owner of the following registered trademarks:<\/span><\/p>\n