{
    "case_number": "CAC-UDRP-104785",
    "time_of_filling": "2022-08-10 09:10:05",
    "domain_names": [
        "fr-spiebatignolles.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "SPIE BATIGNOLLES "
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "andre philippe Kloeckle"
    ],
    "respondent_representative": null,
    "factual_background": "According to the evidence submitted by Complainant, Complainant is a French construction company based in Neuilly-sur-Seine. The company provides building and infrastructure construction in France, Germany, the United Kingdom, Spain, Portugal and Switzerland. \r\n\r\nThe disputed domain name <fr-spiebatignolles.com> was registered on 1 August 2022. \r\nAccording to the information provided by Complainant the disputed domain name resolves to a parking page with commercial links.   \r\n\r\nThe trademark registration of Complainant has been issued prior to the registration of the disputed domain name.\r\n\r\nAccording to Complainant the disputed domain name is confusingly similar to Complainant's trademarks. The addition of the country geographically descriptive abbreviation “fr” for “France” in the disputed domain name is not sufficient to avoid the likelihood of confusion with the trademarks of Complainant. \r\n\r\nAccording to Complainant, Respondent has no rights or legitimate interest in the disputed domain name. Complainant contends that Respondent is not affiliated with nor authorized by Complainant in any way. Complainant also contends that Respondent is not related in any way to its business. Complainant does not carry out any activity for, nor has any business with Respondent. Neither license nor authorization has been granted by Complainant to Respondent to make any use of Complainant’s trademarks or apply for registration of the disputed domain name. Furthermore, the disputed domain name resolves to a parking page with commercial links which does not result in rights or legitimate interest. \r\n\r\nAccording to Complainant the disputed domain name is registered and is being used in bad faith. Respondent has registered the disputed domain name several years after the registration of the trademarks by Complainant. By choosing the country geographically descriptive abbreviation “fr” (which represents Complainant’s country), Complainant contends that it is unconceivable that  Respondent chose to register the disputed domain name without Complainant and its trademarks in mind. Consequently, Respondent could not have ignored Complainant’s trademarks at the moment of the registration of the disputed domain name which cannot be a coincidence. \r\nFurthermore, the disputed domain name resolves to a parking page with commercial links. Complainant contends that Respondent has attempted to attract Internet users for commercial gain to his own website thanks to the Complainant’s trademarks for its own commercial gain, which is an evidence of bad faith.",
    "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.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "rights": "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 Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "Complainant has, to the satisfaction of the Panel, shown 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).",
    "bad_faith": "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).",
    "procedural_factors": "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.",
    "decision": "Accepted",
    "panelists": [
        "Dinant T.L. Oosterbaan"
    ],
    "date_of_panel_decision": "2022-09-08 00:00:00",
    "informal_english_translation": "According to the evidence submitted by Complainant, Complainant is the owner of several trademarks for SPIE BATIGNOLLES, including European Union trademark nr. 003540226 SPIE BATIGNOLLES with date of registration 5 December 2006. ",
    "decision_domains": {
        "FR-SPIEBATIGNOLLES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}