{
    "case_number": "CAC-UDRP-105134",
    "time_of_filling": "2023-01-16 09:12:29",
    "domain_names": [
        "bouyguesenergies-services.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOUYGUES"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Lundi Mardi"
    ],
    "respondent_representative": null,
    "factual_background": "<p style=\"text-align: justify;\">The Complainant, founded by Francis Bouygues in 1952, is a diversified group of industrial companies structured by a strong corporate culture. Its businesses are centered on four sectors of activity: construction, energies and services, telecoms and media. The Complainant operates in over 80 countries, with a net profit, attributable to the Group, of 1,125 million euros.<\/p>\n<p style=\"text-align: justify;\">The Complainant&acute;s subsidiary BOUYGUES CONSTRUCTION is a world player in the fields of building, public works, energy, and services; which it is displayed through its website www.bouygues-construction.com. BOUYGUES ENERGIES &amp; SERVICES, one of its own subsidiaries, is an expert in designing, building, maintaining and operating infrastructure, buildings and industrial facilities.<\/p>\n<p style=\"text-align: justify;\">Apart from its Trademarks, the Complainant also owns, through its subsidiary, a number of domain names including the same distinctive wording BOUYGUES such as &lt;bouygues-es.com&gt;, registered since October 26, 2012.<\/p>\n<p style=\"text-align: justify;\">The disputed domain name &lt;<strong>bouyguesenergies-services.com<\/strong>&gt; was registered on <strong>January 9, 2023<\/strong>, and by the time of this Decision resolves to a website with PPC links directing to websites operated by potential competitors of the Complainant, and also, where the disputed domain name is offered for its purchase.<\/p>",
    "other_legal_proceedings": "<p>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": "<p style=\"text-align: justify;\"><strong>Response<\/strong><strong>&nbsp;<\/strong><\/p>\n<p style=\"text-align: justify;\">The Respondent did not submit any communication during the entire proceeding, nor has submit its Response replying to Complainant's contentions.<\/p>\n<p style=\"text-align: justify;\"><u>Complainant Contentions<\/u>:<\/p>\n<ul>\n<li style=\"text-align: justify;\">The Complainant contends that the disputed domain name &lt;bouyguesenergies-services.com&gt; is confusingly similar to its trademark BOUYGUES.<\/li>\n<li style=\"text-align: justify;\">The Complainant contends that the addition of the terms &ldquo;ENERGIES&rdquo; and &ldquo;SERVICES&rdquo; are not sufficient to change the overall impression of the designation as being connected to the Complainant&rsquo;s trademark BOUYGUES. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant&rsquo;s trademark. That, on the contrary, these terms directly refer to the Complainant&rsquo;s trademark BOUYGUES ENERGIES &amp; SERVICES, and thus worsens the likelihood of confusion.<\/li>\n<li style=\"text-align: justify;\">The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, due to the Respondent is not identified in the WhoIs database as the disputed domain name, and that therefore Respondent is not commonly known by the disputed domain name under Policy 4(c)(ii).<\/li>\n<li style=\"text-align: justify;\">Also, the Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/li>\n<li style=\"text-align: justify;\">Neither license nor authorization has been granted to the Respondent to make any use of the Complainant&rsquo;s trademark BOUYGUES, or apply for registration of the disputed domain name by the Complainant.<\/li>\n<li style=\"text-align: justify;\">The Complainant contends that the disputed domain name resolves to a parking page with commercial links, that past panels have found it is not a bona fide offering of goods or services or legitimate non-commercial or fair use, citing: <em>Vance Int&rsquo;l, Inc. v. Abend<\/em>, Forum Case No. FA 970871, concluding that the operation of a pay-per-click website at a confusingly similar domain name does not represent a bona fide offering of goods or services or a legitimate noncommercial or fair use, regardless of whether or not the links resolve to competing or unrelated websites or if the respondent is itself commercially profiting from the click-through fees and <em>Mayflower Transit LLC v. Domains by Proxy Inc.\/Yariv Moshe<\/em>, WIPO Case No. D2007-1695: \"Respondent&rsquo;s use of a domain name confusingly similar to Complainant&rsquo;s trademark for the purpose of offering sponsored links does not of itself qualify as a bona fide use.\").<\/li>\n<li style=\"text-align: justify;\">The Complainant states that past panels have confirmed the notoriety of the trademarks BOUYGUES, citing: <em>BOUYGUES v. ERIC DENIS<\/em>, CAC Case No. 103800, &lt;bouyges-travaux.com&gt;: &ldquo;The Panel infers, due to the notoriety of the Complainant's mark that the Respondent registered the disputed domain name with actual knowledge of the Complainant&rsquo;s rights in the BOUYGUES mark and finds that it registered the disputed domain name in bad faith per paragraph 4(a)(iii) of the Policy.&rdquo;<\/li>\n<li style=\"text-align: justify;\">The Complainant states that the addition of the terms &ldquo;ENERGIES&rdquo; and &ldquo;SERVICES&rdquo; cannot be coincidental, as they directly refer to the Complainant&rsquo;s trademark BOUYGUES ENERGIES &amp; SERVICES and the company BOUYGUES ENERGIES &amp; SERVICES. Thus, the Respondent should have known about the Complainant at the time of the registration of the disputed domain name.<\/li>\n<li style=\"text-align: justify;\">The Complainant contends that the disputed domain name resolves to a parking page with commercial links, where the Respondent has attempted to attract Internet users for commercial gain to his own website thanks to the Complainant&rsquo;s trademarks for its own commercial gain, which is an evidence of bad faith, citing: <em>StudioCanal v. Registration Private, Domains By Proxy, LLC \/ Sudjam Admin, Sudjam LLC<\/em>, WIPO Case No. D2018-0497.&nbsp;<\/li>\n<\/ul>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is confusingly similar to the trademarks, in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
    "no_rights_or_legitimate_interests": "<p>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": "<p style=\"text-align: justify;\">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": "<p>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": [
        "María Alejandra López García"
    ],
    "date_of_panel_decision": "2023-02-12 00:00:00",
    "informal_english_translation": "<p>The Complainant, BOUYGUES S.A., founded by Francis Bouygues in 1952, is a diversified group of industrial companies structured by a strong corporate culture. Its businesses are centered on four sectors of activity: construction, energies and services, telecoms and media. The Complainant operates in over 80 countries, with a net profit, attributable to the Group, of 1,125 million euros.<\/p>\n<p>The Complainant owns the following Trademarks:<\/p>\n<p>- International Trademark BOUYGUES, Reg. No. 390771 registered on September 1, 1972 and in force until September 1, 2032;<\/p>\n<p>- French Trademark BOUYGUES, Reg. No. 1197244 registered on March 4, 1982, and in force until March 4, 2032; and<\/p>\n<p>- International Trademark BOUYGUES ENERGIES &amp; SERVICES, Reg. No. 1172555 registered on March 22, 2013, and in force until March 3, 2023.<\/p>\n<p>The disputed domain name &lt;<strong>bouyguesenergies-services.com<\/strong>&gt; was registered on <strong>January 9, 2023<\/strong>, and resolves to a website with pay-per-click (&ldquo;PPC&rdquo;) with links directing to websites operated by potential competitors of the Complainant.<\/p>",
    "decision_domains": {
        "bouyguesenergies-services.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}