{ "case_number": "CAC-UDRP-106439", "time_of_filling": "2024-04-11 14:00:35", "domain_names": [ "infosaintgobain.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "COMPAGNIE DE SAINT-GOBAIN" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Yousuf Ahmed" ], "respondent_representative": null, "factual_background": "

THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS<\/strong><\/p>\n

The Complainant states that it is a French company specialized in the production, processing and distribution of materials for the construction and industrial markets.<\/p>\n

The disputed domain name was registered on March 21, 2024 and resolves to an inactive website. The Complainant claims that MX servers are configured.<\/p>\n

The Complainant refers to its trademark registrations provided above.<\/p>\n

The Complainant contends the disputed domain name is confusingly similar to its “SAINT-GOBAIN” trademark since the addition of the generic term “info” is not sufficient to escape the confusing similarity.<\/p>\n

The Complainant states that the addition of the gTLD “.COM” does not change the overall impression of the designation as being connected to the Complainant’s trademark.<\/p>\n

THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME<\/strong><\/p>\n

The Complainant asserts that the Respondent is not known as the disputed domain name in the “Whois” database, and is not related in any way to the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n

Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark or apply for registration of the disputed domain name by the Complainant.<\/p>\n

The Complainant contends that the Respondent did not use the disputed domain name, and non-use confirms that the Respondent has no demonstrable plan to use the disputed domain name and does not have any legitimate interest in respect of the disputed domain name.<\/p>\n

THE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH<\/strong><\/p>\n

The Complainant’s submissions on the bad faith element of the UDRP can be summarized as follows:<\/p>\n

    \n
  1. The Complainant claims that its “SAINT-GOBAIN” trademark has a well-known character worldwide and it has a long-standing worldwide operating website under the <saint-gobain.com> domain name. Past UDRP panels have confirmed that Complainant’s “SAINT-GOBAIN” mark is well-known.<\/li>\n
  2. Given the distinctiveness of the Complainant's trademark and its reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.<\/li>\n
  3. The Complainant relies on the passive holding doctrine and the “Telstra” decision (WIPO Case No. D2000-0003, “Telstra Corporation Limited v. Nuclear Marshmallows<\/em><\/strong>”<\/em>). The Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate.<\/li>\n
  4. The Complainant claims that the disputed domain name has been set up with MX records which suggests that it may be actively used for email purposes. This is also indicative of bad faith registration and use because any email emanating from the disputed domain name could not be used for any good faith purpose.<\/li>\n<\/ol>\n

    Therefore, the Complainant claims the disputed domain name was registered and being used in bad faith.<\/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 summarized in the Factual Background section above.<\/p>\n

    No administratively compliant Response has been filed. <\/p>\n

    <\/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": [ "Igor Motsnyi" ], "date_of_panel_decision": "2024-05-08 00:00:00", "informal_english_translation": "

    In this proceeding the Complainant relies on the following trademark registrations:<\/p>\n

      \n
    • European Union trademark registration No. 001552843 “SAINT-GOBAIN” (word), registration date is December 18, 2001;<\/li>\n
    • International trademark registration under the Madrid system “SAINT-GOBAIN” (word + device) No. 740184, registration date is July 26, 2000, protected inter alia <\/em>in Algeria, China, Kazakhstan, Russia, Kenya, Turkey and Ukraine;<\/li>\n
    • International trademark registration under the Madrid system “SAINT-GOBAIN” (word) No. 740183, registration date is July 26, 2000, protected inter alia <\/em>in Albania, Armenia, Australia, Belarus, China, Indonesia, Georgia, Serbia and Switzerland;<\/li>\n
    • International trademark registration under the Madrid system “SAINT-GOBAIN” (word + device) No.596735, registration date is November 02, 1992, protected in China; and<\/li>\n
    • International trademark registration under the Madrid system “SAINT-GOBAIN” (word + device) No. 551682, registration date is July 21, 1989, protected inter alia<\/em> in Algeria, Armenia, Benelux, Egypt, Croatia, Italy, Switzerland and Uzbekistan.<\/li>\n<\/ul>\n

      The Complainant also refers to various domain names that incorporate the “SAINT-GOBAIN” trademark, including <saint-gobain.com> registered since December 29, 1995. <\/p>", "decision_domains": { "infosaintgobain.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }