The Complainant was established in 1952 and is a diversified group of industrial companies operating in different fields, such as building, real estate, energy and services, telecom and media. The Complainant’s group operates in over 80 countries worldwide and its net profit amounted to 973 million Euros in 2022.<\/p>\n
The disputed domain name was registered on 7 December 2023 and resolves to an authentication page similar to the official authentication page of the Complainant’s subsidiary BOUYGUES TELECOM.<\/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": "
COMPLAINANT<\/p>\n
According to the Complainant, the disputed domain name is an obvious misspelling of the Complainant’s trademark BOUYGUES as it fully includes this trademark but for the omission of the last letter “s”. Slight spelling variations do not prevent a domain name from being confusingly similar to a complainant’s trademark. Besides, the addition of the French generic term “entreprise” (company) is also not sufficient to escape a finding of likelihood of confusion. On the contrary, the addition of this term to the disputed domain name increases the confusing similarity as it refers to the Complainant’s subsidiary \"Bouygues Telecom\".<\/p>\n
The Complainant contends that the Respondent does not have rights or legitimate interests in the disputed domain name. In particular, the Respondent is not identified by the disputed domain name in the Whois database. Therefore, the Respondent does not appear to be commonly known by the disputed domain name. Furthermore, the Respondent is not affiliated with the Complainant, nor the Complainant ever authorized the Respondent to use the Complainant’s BOUYGUES mark, including as part of the disputed domain name. The Respondent does not carry out any activity for, nor has any business with the Complainant. The disputed domain name leads to an authentication page reproducing the official authentication page of the Complainant’s subsidiary \"Bouygues Telecom\". This page may be used to collect personal information from the Complainant’s customers. This use is not a bona fide offer of services or a legitimate use of the disputed domain name, since the website misleads consumers into believing that they are accessing the Complainant’s website.<\/p>\n
Lastly, the Complainant maintains that the disputed domain name was registered and is being used in bad faith. In particular, according to the Complainant, the trademark BOUYGUES is well known and distinctive. The obvious misspelling of the Complainant’s mark intends to create confusing similarity between the disputed domain name and the Complainant’s mark. The disputed domain name is a prototypical example of typosquatting, which intentionally takes advantage of Internet users that inadvertently type an incorrect address. Thus, the Respondent should have known about the Complainant at the time of the registration of the disputed domain name.<\/p>\n
Moreover, the disputed domain name resolves to an authentication page reproducing the official authentication page of the Complainant’s subsidiary \"Bouygues Telecom\". Therefore, by using the disputed domain name the Respondent has intentionally attempted to attract for commercial purposes, Internet users to its website, by creating a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation or endorsement of the Respondent’s website. In addition, the Respondent may collect personal information through its website, including passwords.<\/p>\n
RESPONDENT:<\/p>\n
The Respondent did not file an administratively compliant Response. <\/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": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2024-01-22 00:00:00", "informal_english_translation": "
The Complainant is the owner of the following trademark registrations:<\/p>\n
- BOUYGUES, international registration No. 390771 registered on the 1 of September 1972 for goods and services in classes 06, 19, 37 and 42;<\/p>\n
- BOUYGUES, French registration No. 1197244, registered on 4 March 1982, for goods and services in classes 6, 16, 19, 28, 35, 37, 40, 41, 42, 43, 44 and 45.<\/p>\n
Through its subsidiary named \"Bouygues Telecom\", the Complainant also owns the French trademark BOUYGUES TELECOM ENTREPRISE, registration No. 4279119, for goods and services in classes 9, 16, 28, 35, 36, 37, 38, 41, 42 and 45, registered on 30 September 2016, and the domain name <bouyguestelecom-entreprises.fr>, registered on 1 September 1999.<\/p>", "decision_domains": { "bouygue-entreprise.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }