{ "case_number": "CAC-UDRP-106044", "time_of_filling": "2023-12-07 08:07:23", "domain_names": [ "bouygus-construction.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "BOUYGUES" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Glen WARREN" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
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The Complainant was founded by Francis Bouygues in 1952. It is a diversified industrial group, organized around the sectors of construction (Bouygues Construction, Bouygues Immobilier, and Colas); telecoms (Bouygues Telecom) and media (TF1).<\/span><\/p>\n

The Complainant underlines that it is the owner of several trademarks containing the word \"BOUYGUES\" and of the international trademark \"BOUYGUES CONSTRUCTION\".

The Complainant adds that it is also the owner a number of domain names that contain the distinctive word \"BOUYGUES\", including the domain name <bouygues-construction.com>.

The Complainant states that the disputed domain name is confusingly similar to its trademark \"BOUYGUES CONSTRUCTION\".

The Complainant considers that the deletion of the letter \"E\" in the disputed domain name is not sufficient to avoid confusion with the Complainant's trademark \"BOUYGUES CONSTRUCTION\".

The Complainant submits that the deletion of the letter \"E\" is an obvious misspelling of its trademark \"BOUYGUES CONSTRUCTION\".

The Complainant claims that even with the addition of the top-level domain \".COM\" the disputed domain name gives an overall impression of connection with the Complainant's trademarks.

For the above-mentioned reasons, the Complainant considers that the disputed domain name is confusingly similar to the Complainant's trademarks.
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The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name.<\/span><\/p>\n

The Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way.

The Complainant states that the Respondent has no right nor legitimate interest in the disputed domain name. The Complainant declares that it does not carry out any activity for, nor has any business with the Respondent.

The Complainant submits that neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark \"BOUYGUES\", or to apply for registration of the disputed domain name.

The Complainant notes that the disputed domain name is a typosquatted version of the trademark \"BOUYGUES CONSTRUCTION\".<\/span><\/p>\n

The Complainant adds that the disputed domain name resolves to a parking page with commercial links.

On the basis of the above-mentioned elements the Complainant contends that the Respondent has no right or legitimate interests in respect of the disputed domain name.

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The Complainant argues that given that, as noted by other panels, the Complainant's trademark is well known, the Respondent should have known about the Complainant at the time of the registration of the disputed domain name.<\/p>\n

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The Complainant points out that the misspelling in the disputed domain name is evidence of the intention to create a domain name confusingly similar with the Complainant’s trademarks.<\/span><\/p>\n

The Complainant points out that the disputed domain name resolves to a parking page with commercial links and considers that this is an attempt to attract Internet users for commercial gain by using the Complainant’s trademarks.<\/span><\/p>\n

The Complainant adds that the disputed domain name has been set up with MX records, and this fact suggests that the disputed domain name may be actively used for e-mail purposes. The Complainant considers that any e-mail emanating from the disputed domain name could not be used for any good faith purpose.<\/p>\n


On these bases the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.

In light of the above, the Complainant requests the transfer in its favor of the disputed domain name.<\/span><\/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": "

The Complainant´s contentions are summarised above.<\/span><\/p>\n

No administratively compliant Response has been filed. <\/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": [ "Michele Antonini" ], "date_of_panel_decision": "2024-01-06 00:00:00", "informal_english_translation": "

The Complainant is the registrant of the following trademarks:
- French trademark registration No. 1197244, \"BOUYGUES\", registered on July 30, 1982, for goods and services in classes 6, 16, 19, 28, 35, 37, 40, 41, 42, 42, 44 and 45;
- International trademark registration No. 390771, \"BOUYGUES\", registered on September 1, 1972, for goods and services in classes 6, 19, 37, 42;<\/p>\n

- International trademark registration No. 732339, \"BOUYGUES CONSTRUCTION\", registered on April 13, 2000, for goods and services in class 37.<\/p>\n

The disputed domain name was registered by the Respondent on November 29, 2023.<\/p>", "decision_domains": { "bouygus-construction.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }