{ "case_number": "CAC-UDRP-105578", "time_of_filling": "2023-06-29 11:00:25", "domain_names": [ "bouygues-batimentinternational.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "BOUYGUES" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "BERNARD ALLOSTERY (BERNARD ALLOSTERY)" ], "respondent_representative": null, "factual_background": "

<\/p>\n

The Complainant is a diversified international group on industrial companies engaged principally in construction, energy and services, media and telecoms.  It owns a series of registered trademarks that constitute the BOUYGUES BATIMENT trademark and a series of domain names incorporating the same distinctive BOUYGUES BATIMENT wording that it uses in its business. It has come to the notice of the Complainant that the Respondent has registered the domain name <bouygues-batimentinternational.com> (\"the disputed domain name\") the principal part of which is clearly a copy of the Complainant's trademark, to which the Respondent has added the word “international” and then caused the domain name to resolve to a webpage with no content. This is clearly confusing to internet users, Complainant's customers and potential customers and disruptive of the Complainant business. <\/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": "

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>\n

COMPLAINANT<\/p>\n

The Complainant made the following contentions.<\/p>\n

    \n
  1. The Complainant is a diversified international group on industrial companies engaged in construction, energy and services, media and telecoms. <\/li>\n
  2. Complainant owns several registered trademarks for the BOUYGUES BATIMENT trademark and several domain names that incorporate the BOUYGUES BATIMENT trademark and which it uses in its business.<\/li>\n
  3. The Respondent registered the domain name <bouygues-batimentinternational.com> (“the disputed domain name”) on June 20, 2023.<\/li>\n
  4. The disputed domain name is confusingly similar to the Complainant’s BOUYGUES BATIMENT trademark, as the only difference between the domain name and the trademark is the addition of the word “international” to the trademark. The addition of that word in not sufficient to escape the finding that the domain name is confusingly similar to the BOUYGUES BATIMENT trademark. The addition also worsens the likelihood of confusion, as the domain name gives the impression that it is connected with the trademark.<\/li>\n
  5. The Respondent has no right or legitimate interest in the disputed domain name. That is because the Complainant has not authorized the Respondent to make any use of nor granted any licence to it to use the BOUYGUES BATIMENT trademark or to register a domain name incorporating the BOUYGUES BATIMENT trademark.<\/li>\n
  6. Moreover, it is apparent that the Respondent is not commonly known by the disputed domain name.<\/li>\n
  7. Further, the Respondent has not made any fair or non-commercial use of the disputed domain name.<\/li>\n
  8. The Respondent has no business or other association with the Complainant.<\/li>\n
  9. The domain name resolves to a parking page with no content, showing that the Respondent has not made any legitimate use of the domain name and has no demonstrable plan to use it legitimately.<\/li>\n
  10. The Respondent has registered and used the disputed domain name in bad faith.<\/li>\n
  11. The BOUYGUES BATIMENT trademark is famous, distinctive and well-known  around the world. Therefore, the Respondent must have had full knowledge of the trademark at the time of its registration of the disputed domain name.<\/li>\n
  12. It is not possible to conceive of any legitimate activity in which the Respondent could use the domain name.<\/li>\n
  13. The domain name has been set up with MX records which suggests that it may be used for email purposes.<\/li>\n
  14. The validity of these contentions is supported by numerous prior UDRP decisions including those in which the Complainant has been a complainant.<\/li>\n<\/ol>\n

    RESPONDENT<\/p>\n

    The Respondent did not file a Response in this proceeding.<\/p>", "rights": "

    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": [ "Neil Brown" ], "date_of_panel_decision": "2023-07-27 00:00:00", "informal_english_translation": "

    <\/p>\n

    The Complainant has established by evidence which the Panel accepts that it is the owner the following registered trademarks for BOUYGUES BATIMENT:<\/p>\n