The Complainant is a recognized French company specialized in the production, processing and distribution of materials for the construction and industrial markets. The Complainant is a worldwide reference in sustainable habitat and construction markets. The Complainant under a long-term view, develops products and services to facilitate sustainable construction, designs innovative, high-performance solutions, which improves habitat and everyday life for its customers.<\/p>\n
According with its Integrated Annual Report of 2023, the Complainant has industrial presence in 75 countries, over 450 filed patents, 47.9 billion euros in turnover in 2023, around 160,000 employees across the world, representing more than 120 nationalities and it is committed to achieving net zero carbon emissions by 2050.<\/p>\n
The Complainant also owns its domain names portfolio comprising its trademark SAINT-GOBAIN, such as the domain name <saint-gobain.com> registered since December 29, 1995.<\/p>\n
SAINT-GOBAIN is also commonly used to designate the Complainant’s company name.<\/p>\n
The disputed domain name <saint-gobsain.com<\/strong>> was registered on October 10, 2024,<\/strong> and resolves, including by the time of this Decision, to an inactive website, with configured MX serves.<\/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 Contentions<\/u>:<\/p>\n The Complainant’s primary contentions can be summarized as follows:<\/p>\n The Complainant asserts that the disputed domain name is confusingly similar<\/strong> to its well-known and distinctive trademark SAINT-GOBAIN; that the obvious addition of the letter “s” to the trademark SAINT-GOBAIN, i.e.: SAINT-GOBS<\/u>AIN, corresponds to a typical act of typosquatting. The Complainant contends that the disputed domain name was registered and is being used in bad faith<\/strong> due to: by the time of the disputed domain name’s registration the Complainant’s trademark SAINT-GOBAIN has already established its strength and recognition at a worldwide level; that the disputed domain name is confusingly similar to a well-known trademark as SAINT-GOBAIN; that the Respondent knew about the Complainant and its trademark; that the intentional misspelling in this case, constitutes an evidence of bad faith; that the disputed domain name resolves to an inactive website; that the incorporation of a famous trademark in a domain name, coupled with an inactive website, may be evidence of bad faith registration and use. Finally, the Complainant contents that MX servers are configured, suggesting with it that the disputed domain name may be actively used for e-mail purposes.<\/p>\n Response<\/strong><\/p>\n The Respondent did not reply to any of the Complainant's contentions.<\/p>",
"rights": " The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": [
"María Alejandra López García"
],
"date_of_panel_decision": "2024-11-11 00:00:00",
"informal_english_translation": " The Complainant is a recognized French company specialized in the production, processing, and distribution of materials for the construction and industrial markets.<\/p>\n The Complainant owns the following Trademarks: - International Trademark SAINT-GOBAIN (and design), Reg. No. 740184 registered on July 26, 2000, and in force until July 26, 2030;<\/p>\n - International Trademark SAINT-GOBAIN (word mark), Reg. No. 740183 registered on July 26, 2000, and in force until July 26, 2030;<\/p>\n - International Trademark SAINT-GOBAIN (and design), Reg. 596735 registered on November 2, 1992, and in force until November 2, 2032; and<\/p>\n - International Trademark SAINT-GOBAIN (and design), Reg. 551682 registered on July 21, 1989, and in force until July 21, 2029.<\/p>",
"decision_domains": {
"saint-gobsain.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
The Complainant contends that the Respondent has no rights or legitimate interests<\/strong> in respect of the disputed domain name, given that is not commonly known by the disputed domain name, in particular considering the results of the WhoIs; that the Respondent is not related in any way with the Complainant, that does not carry out any activity for, nor has any business with the Respondent; that neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark SAINT-GOBAIN or apply for registration of the disputed domain name by the Complainant; that the disputed domain name website’s inactivity confirms that the Respondent has no demonstrable plan to use it.<\/p>\n
<\/p>\n