The Complainant is a construction materials distribution network exclusively reserved for building professionals since 1995. The Complainant is the owner of several trademarks LA PLATEFORME DU BATIMENT, including:<\/p>\n
French trademark n°96623089 registered on April 26, 1996;<\/p>\n
International trademark n°755073 registered on January 4, 2001;<\/p>\n
French trademark n°4777167 registered on June 16, 2021; and<\/p>\n
International trademark n°1647134 registered on December 16, 2021.<\/p>\n
The Complainant also owns the domain name <laplateformedubatiment.com>, registered since August 24, 2003.<\/p>\n
The disputed domain names were registered on November 23, 2022 and redirect to the Registrar’s parking page with commercial links.<\/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 names.<\/p>", "no_response_filed": "
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>\n
Complainant's contentions<\/p>\n
The Complainant contends that the disputed domain names are identical to its LA PLATEFORME DU BATIMENT mark and the Respondent has no rights or legitimate interests in respect of the domain names. The Respondent is not commonly known by any of the domain names and he is not related in any way to the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither licence nor authorization has been granted by the Complainant to the Respondent to make any use of the Complainant’s trademark, nor to apply for registration of the disputed domain names. Furthermore, the Respondent is not using the disputed domain names in connection with a bona fide offering of goods or services, nor a legitimate non-commercial or fair use. The Respondent uses the disputed domain names for a parking page with third party pay-per-click links that divert traffic to third-party websites not affiliated with the Complainant.<\/p>\n
The disputed domain names were registered and are being used in bad faith. The term “LA PLATEFORME DU BATIMENT” is known only in relation to the Complainant. Given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the disputed domain names with full knowledge of the Complainant's trademark. They each redirect to a parking page with pay-per-click commercial links. Such usage is disruptive to the Complainant’s business and demonstrates that the Respondent is attempting to attract internet users for commercial gain by trading off the Complainant’s trademark. This shows the Respondent’s bad faith under Policy 4(b)(iii) and (iv).<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are identical 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 names (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 names have been registered and are 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": [ "Alan Limbury" ], "date_of_panel_decision": "2023-01-09 00:00:00", "informal_english_translation": "
The Complainant is the owner of several trademarks LA PLATEFORME DU BATIMENT, including:<\/p>\n
French trademark n°96623089 registered on April 26, 1996;<\/p>\n
International trademark n°755073 registered on January 4, 2001;<\/p>\n
French trademark n°4777167 registered on June 16, 2021; and<\/p>\n
International trademark n°1647134 registered on December 16, 2021.<\/p>", "decision_domains": { "laplateformedubatiment.info": "TRANSFERRED", "laplateformedubatiment.online": "TRANSFERRED", "laplateformedubatiment.pro": "TRANSFERRED", "laplateformedubatiment.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }