The Complainant is a French company specialized in the production, processing and distribution of materials for the construction and industrial markets. It is one of the top industrial groups in the world with annual turnover of EUR 47.9 billion in 2023 and 160 000 employees. The Complainant’s official website is located at the domain name <saint-gobain.com>, registered on 29 December 1995.<\/p>\n
The disputed domain name <saintgobainhr.info> was registered on 31 July 2024. It resolves to a parking webpage with pay-per-click (“PPC”) links and has mail exchange (“MX”) servers configured for it.<\/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
The Complainant contends that the disputed domain name is confusingly similar to its SAINT-GOBAIN trademark, because it wholly incorporates the same trademark, and the addition of the abbreviation “hr” (short for “human resources”) is not sufficient to escape the confusing similarity to the SAINT-GOBAIN trademark.<\/p>\n
The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name, as it is not commonly known under it and is not affiliated to the Complainant, who has not given any authorization to the Respondent to use the SAINT-GOBAIN trademark. The Complainant adds that the use of the disputed domain name for a parking webpage with PPC links does not represent a bona fide offering of goods or services or a legitimate non-commercial or fair use of the disputed domain name.<\/p>\n
The Complainant contends that the disputed domain name was registered and is being used in bad faith. According to it, the SAINT-GOBAIN trademark is distinctive and well-known, and the Respondent must have known it when it registered the disputed domain name, which is confusingly similar to this trademark. The Complainant adds that the Respondent attempts to attract Internet users to its own website for commercial gain by exploiting the goodwill of the Complainant’s trademark. Finally, the Complainant points out that the disputed domain name has been set up with MX records, which suggests that it may be used for e-mail purposes. According to the Complainant, the Respondent would not be able to use the disputed domain name in good faith as part of an e-mail address.<\/p>\n
<\/p>\n
RESPONDENT:<\/p>\n
The Respondent did not submit 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": [ "Assen Alexiev" ], "date_of_panel_decision": "2024-09-05 00:00:00", "informal_english_translation": "
The Complainant is the owner of a number of trademark registrations for “SAINT-GOBAIN” (the “SAINT-GOBAIN trademark”), including the following:<\/p>\n
- the International trademark SAINT-GOBAIN with registration No.740183, registered on 26 July 2000 for goods and services in International Classes 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 17, 19, 20, 21, 22, 23, 24, 37, 38, 40 and 42; and<\/p>\n
- the European Union trademark SAINT-GOBAIN with registration No.001552843, registered on 18 December 2001 for goods and services in International Classes 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 17, 19, 20, 21, 22, 23, 24, 37, 38, 40 and 42.<\/p>", "decision_domains": { "saintgobainhr.info": "TRANSFERRED" }, "panelist": null, "panellists_text": null }