{ "case_number": "CAC-UDRP-105173", "time_of_filling": "2023-02-06 09:03:30", "domain_names": [ "bouygues-batiments-iles-des-france.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOUYGUES" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Eolia Wirtz" ], "respondent_representative": null, "factual_background": "

A. Complainant's Factual Allegations<\/strong><\/p>\n

The Complainant’s statements of fact can be summarised as follows:<\/p>\n

The Complainant, founded in 1953 by Francis Bouygues, is a diversified group of companies which focuses on four main segments of business, namely construction; energy and services; media; and telecoms.<\/p>\n

The Complainant operates in over 80 countries and has reported a net profit in excess of EUR 1 billion.<\/p>\n

B. Respondent's Factual Allegations<\/strong><\/p>\n

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The Respondent has failed to serve a Response in this UDRP administrative proceeding, the result of which being that the Complainant’s factual allegations are uncontested.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>", "other_legal_proceedings": "

The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <bouygues-batiments-iles-des-france.com> (‘the disputed domain name’).<\/p>", "no_response_filed": "

A. Complainant's Submissions<\/strong><\/p>\n

The Complainant’s submissions can be summarised as follows:<\/p>\n

I. The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The Complainant avers that the disputed domain name is confusingly similar to the Complainant’s trade mark BOUYGUES BATIMENT, to the extent that the disputed domain name incorporates the Complainant’s trade mark in its entirety. The addition of both the letter ‘s’ in ‘batiment’ and the term ‘iles des France’ in the string is insufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant’s trade mark BOUYGUES BATIMENT. On the contrary, these additions worsen the likelihood of confusion as they refer to the Complainant’s subsidiary company Bouygues Bâtiment Ile-de-France. Furthermore, the generic Top-Level Domain (‘gTLD’) suffix (<.com>) is typically disregarded in the assessment of identity or confusingly similar under paragraph 4(a) of the UDRP Policy.<\/p>\n

II. The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent does not carry out any activity for, or has any business with, the Complainant. Neither licence nor authorisation has been given to the Respondent to make any use of the Complainant’s trade mark, or to apply for registration of the disputed domain name on the Complainant’s behalf.<\/p>\n

The Complainant also asserts that the Respondent is not known by the disputed domain name.<\/p>\n

Lastly, the Complainant states that the disputed domain name resolves to a parked page; that such use of the disputed domain name is neither bona fide nor legitimate non-commercial or fair use; and that the Respondent has no demonstrable plan to use the disputed domain name.<\/p>\n

III. The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

 Registration<\/strong><\/p>\n

The trade mark BOUYGUES BATIMENT is well-known and distinctive, and its notoriety has been acknowledged in previous UDRP decisions, eg CAC Case No. 10586, BOUYGUES v 1&1 Internet Limited.<\/p>\n

Given the distinctiveness and reputation of the trade mark BOUYGUES BATIMENT, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant’s trade mark BOUYGUES BATIMENT.<\/p>\n

Use<\/strong><\/p>\n

The disputed domain name resolves to a parking page and MX servers have been set up, a factor which indicates that the disputed domain name may be actively used for email purposes. Consequently, it is not possible to conceive any plausible actual or contemplated use of the disputed domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trade mark law.<\/p>\n

On these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n

B. Respondent's Submissions<\/strong><\/p>\n

The Respondent has failed to serve a Response in this UDRP administrative proceeding, the result of which being that the Complainant’s submissions are uncontested.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP 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": [ "Gustavo Moser" ], "date_of_panel_decision": "2023-03-05 00:00:00", "informal_english_translation": "

The Complainant relies upon the following registered trade mark:<\/p>\n

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  • International trade mark registration no. 723515, registered on 22 November 1999, for the word mark BOUYGUES BATIMENT, in class 37 of the Nice Classification; and<\/li>\n<\/ul>\n
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    • EU trade mark registration no. 001217223, registered on 25 July 2000, for the work mark BOUYGUES BATIMENT, in class 37 of the Nice Classification.<\/li>\n<\/ul>\n

      (Hereinafter, individually or collectively ‘the Complainant’s trade mark’; ‘the Complainant’s trade mark BOUYGUES BATIMENT’; or ‘the trade mark BOUYGUES BATIMENT’ interchangeably).<\/p>\n

      The Complainant states that it also owns, through a subsidiary company Bouygues Construction S.A., a number of domain names bearing the BOUYGUES BATIMENT trade mark, including the domain name <bouygues-batiment-ile-de-france.com>, registered in 2008. Bouygues Construction S.A. further uses the geographical term ‘Île-de-France’ on its official website.<\/p>\n

      At the time of writing this decision, the disputed domain name <bouygues-batiments-iles-des-france.com> resolves to a parked page which features the following sentence 'This domain is already taken’ (‘the Respondent's website’).<\/p>", "decision_domains": { "bouygues-batiments-iles-des-france.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }