FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant was founded in 1952 and it is a diversified group of industrial companies 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. Operating in over 80 countries, the Complainant’s net profit attributable to the Group amounted to 1,125 million euros.<\/p>\n
The Complainant has different subsidiaries, including: BOUYGUES CONSTRUCTION (in the fields of building, public works, energy, and services) and BOUYGUES ENERGIES & SERVICES (in the fields of designing, building, maintaining and operating infrastructure, buildings and industrial facilities).<\/p>\n
The Complainant is the owner of several trademarks BOUYGUES®, such as the International Trademark BOUYGUES® n° 390771 registered since September 1, 1972 and the French trademark BOUYGUES® n° 1197244 registered since March 4, 1982.<\/p>\n
The Complainant is also the owner of trademarks including the terms BOUYGUES & ENERGIES, such as the international trademark BOUYGUES ENERGIES & SERVICES® n°1172555 registered since March 22, 2013.<\/p>\n
The Complainant also owns, through its subsidiary BOUYGUES CONSTRUCTION S.A., a number of domain names including the distinctive wording BOUYGUES® such as <bouygues-es.com>, registered since October 26, 2012.<\/p>\n
The disputed domain name <bouygues-es-energie.com> was registered on December 11, 2022 (hereinafter, the “Disputed Domain Name”).<\/p>\n
The Complainant argues that the Disputed Domain Name was registered by Rolland Rubini based in France and it resolves to a website copying the Complainant subsidiary BOUYGUES ENERGIES & SERVICES’ official website https:\/\/www.bouygues-es.fr\/energies.<\/p>\n
According to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the Disputed Domain Name and the Complainant is not related in any way to the Complainant’s business.
For the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the Disputed Domain Name and that the language of the registration agreement is English.
The facts asserted by the Complainant are not contested by the Respondent.<\/p>\n
<\/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:
First element: Similarity
The Complainant states that the Disputed Domain Name is confusingly similar to its trademark “BOUYGUES®“.
<\/p>\n
The Complainant asserts that the addition of the letters “ES” plus the generic term “ENERGIE” are not sufficient to change the overall impression of the designation as being connected to the Complainant’s trademark BOUYGUES®. It does not prevent the likelihood of confusion between the Disputed Domain Name and the Complainant, its trademark and the domain names associated.<\/p>\n
The addition of the letters “ES” directly refers to the Complainant’s trademark BOUYGUES ENERGIES & SERVICES® and domain names, and thus worsens the likelihood of confusion.
Second element: Rights or legitimate interest<\/p>\n
The Complainant contends that the Respondent is not known as the Disputed Domain Name at the Whois database.<\/p>\n
Additionally, the Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n
Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark BOUYGUES®, or apply for registration of the Disputed Domain Name by the Complainant.<\/p>\n
Furthermore, the Disputed Domain Name resolves to a website copying BOUYGUES ENERGIES & SERVICES’ official website https:\/\/www.bouygues-es.fr\/energies<\/a><\/span>. Thus, the Respondent is not using the Disputed Domain Name in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use.<\/p>\n Besides, the Complainant and its subsidiaries are well-known and present worldwide. Thus, the Respondent should have known about the Complainant at the time of the registration of the Disputed Domain Name. 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": [
"Victor Garcia Padilla"
],
"date_of_panel_decision": "2023-01-20 00:00:00",
"informal_english_translation": " The Complainant is the owner of several trademarks consisting of the term “ BOUYGUES®”, such as the international trademark registration BOUYGUES® n° 390771 registered since September 1, 1972 as well as the international trademark BOUYGUES ENERGIES & SERVICES® n° 1172555 registered since March 22, 2013.<\/p>\n Furthermore, the Complainant owns, through its subsidiary BOUYGUES CONSTRUCTION S.A., a number of domain names including the same distinctive wording BOUYGUES® such as <bouygues-es.com>, registered since October 26, 2012.<\/p>",
"decision_domains": {
"bouygues-es-energie.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
Third element: Bad faith
The Complainant states that the Disputed Domain Name is confusingly similar to its trademark BOUYGUES®.<\/p>\n
Finally, the Disputed Domain Name resolves to a website copying BOUYGUES ENERGIES & SERVICES’ official website https:\/\/www.bouygues-es.fr\/energies<\/a><\/span>. Therefore, the Complainant contends that the Respondent intentionally attempts to attract, for commercial gain, Internet users to Respondent’s website or other online location by creating a likelihood of confusion with Complainant’s trademarks as to the source, sponsorship, affiliation, or endorsement of Respondent or of a product or service on Respondent’s website.<\/p>\n
RESPONDENT
Respondent did not reply to the Complaint<\/p>",
"rights": "