The Complainant, Compagnie de Saint-Gobain, is a large French company specialized in the production, processing and distribution of materials, products and solutions for the construction, industry and mobility markets. It has a presence in 76 countries, 166,000 employees worldwide and a turnover of over €44 billion in 2021. The Saint-Gobain corporate group's product range includes its trademark-protected GYPROC line that is used in solutions for interior insulation and wall and ceiling finishing. Saint-Gobain operates facilities in the Greater Mumbai region alongside its many other locations.<\/p>\n
The disputed domain name resolves to an inactive web page and e-mail (MX) servers are configured for its use.<\/p>\n
A brief online check by the Panel of the Respondent's name together with that of the Complainant revealed that a person corresponding to the name of the Respondent appears to be employed as a manager by the Complainant in the Greater Mumbai region.<\/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": "
<\/p>\n
COMPLAINANT:<\/p>\n
A. The domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights<\/p>\n
While the Respondent's addition of the term “GYPROC” to the Complainant's trademark-protected name does not change the overall impression of the disputed domain name being connected to the Complainant’s other trademarks, such addition increases the likelihood of confusion with the Complainant’s GYPROC product. Thus, given that one can ignore the technical gTLD <.com> component, the disputed domain name is confusingly similar to the Complainant’s trademark SAINT-GOBAIN.<\/p>\n
B. The Respondent has no rights or legitimate interests in respect of the domain name<\/p>\n
According to the WIPO Case no. D2003-0455, Croatia Airlines d.d. v. Modern Empire Internet Ltd., the Complainant is required to make out a prima facie case that the Respondent lacks rights or legitimate interests. Once such a prima facie case is made, the Respondent carries the burden of demonstrating rights or legitimate interests in the domain name. The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name, nor is the Respondent known by or affiliated to, or authorized by the Complainant in any way. The Complainant hence contends that Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/p>\n
C. The domain name was registered and is being used in bad faith<\/p>\n
The disputed domain name was created recently, in January 2023, yet the Complainant was already extensively using its trademarks that have been wrongly incorporated in the disputed domain name well before that date and across the world. The Complainant's trademarks are furthermore well known worldwide and the Complainant has a long-standing web presence under its <saint-gobain.com> domain name.<\/p>\n
Given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent registered the domain name with full knowledge of the Complainant's trademark<\/p>\n
Moreover, the disputed domain name resolves to an inactive page. The Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as for passing off, for infringing consumer protection legislation, or for infringing the Complainant’s rights. As prior WIPO UDRP panels have held, the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of bad faith registration and use.<\/p>\n
Finally, MX servers are configured, which suggests that the disputed domain name may be actively used for email purposes.<\/p>\n
RESPONDENT: NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to trademarks 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 that 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>\n
The Panel notes that, in its résumé of the Parties' contentions, references to views of some previous Panels as contained in the Amended Complaint have not been repeated.<\/p>", "decision": "Accepted", "panelists": [ "Kevin Madders" ], "date_of_panel_decision": "2023-02-20 00:00:00", "informal_english_translation": "
The Complainant has adduced evidence that it is the owner of the following trademarks:<\/p>\n
- EU trademark SAINT-GOBAIN No. 001552843 registered on 18 December 2001 in Nice Classification List classes 1, 2, 3, 6, 7, 11, 12, 17, 19, 20, 21, 22, 23, 24, 37, 38, 40 and 42;
- International trademark SAINT-GOBAIN No. 740184 registered on 26 July 2000 in Nice Classification List classes 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 17, 19, 20, 21, 22, 23, 24, 37, 38, 40 and 42;
- International trademark SAINT-GOBAIN No. 740183 registered on 26 July 2000 in Nice Classification List classes 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 17, 19, 20, 21, 22, 23, 24, 37, 38, 40 and 42;
- International trademark SAINT-GOBAIN No. 596735 registered on 2 November 1992 in Nice Classification List classes 1, 6, 9, 11, 12, 16, 17, 19, 20, 21, 22, 23 and 24;
- International trademark SAINT-GOBAIN No. 551682 registered on 21 July 1989 in Nice Classification List classes 1, 6, 7, 9, 11, 12, 16, 17, 19, 20, 21, 22, 23, 24, 37, 39 and 41;
- International trademark GYPROC No. 1121411 registered on 19 January 2012 in Nice Classification List classes 6, 7 and 19.<\/p>\n
The above trademark registrations include ones for figurative marks alongside word marks.<\/p>\n
The Complainant has further adduced evidence that it has been the registrant of the domain name <saint-gobain.com> since 1995.<\/p>\n
The Registrar Verification data confirm that the Respondent registered the disputed domain name <saint-gobaingyproc.com> on 10 January 2023.<\/p>", "decision_domains": { "saint-gobaingyproc.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }