The Complainant is a French company specialized in the production, processing and distribution of materials for the construction and industrial markets.<\/p>\n
The Complainant is the owner of the domain name <saint-gobain.com>, registered on December 29, 1995 and used in connection with the Complainant’s principal website.<\/p>\n
The disputed domain name <saintgobaln.com> was registered on October 17, 2024, and resolves to a parking page with commercial links.<\/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 <saintgobaln.com> is confusingly similar to its trademark SAINT-GOBAIN and submits that this is a clear case of typosquatting, since the disputed domain name contains an obvious misspelling of the Complainant’s trademark, the second letter “i” in the trademark being replaced with the letter “l”.<\/p>\n
The Complainant also asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name because: i) based on the Whois information of the disputed domain name, the Respondent is not known as the name encompassed in the disputed domain name; ii) the Respondent is not related in any way to the Complainant nor does it carry out any activity for, or any business with, the Complainant; iii) the Respondent has not been authorized by the Complainant to use the Complainant’s trademark or register and use the disputed domain name; iv) the disputed domain name amounts to a typosquatted version of the trademark SAINT-GOBAIN; v) the use of the disputed domain name in connection with a parking page with commercial links does not amount to a bona fide offering of goods or services or legitimate non-commercial or fair use.<\/p>\n
The Complainant claims that the Respondent registered the disputed domain name in bad faith because, given the well-known character of the trademark SAINT-GOBAIN and considering the Complainant had already been extensively using its trademark well before the Respondent registered the disputed domain name and that the Respondent chose to register the disputed domain name using a typosquatted version of the Complainant’s well-known mark, the Respondent was well aware of the Complainant’s trademark rights at the time of the registration of the disputed domain name.<\/p>\n
As to the use of the disputed domain name in connection with a parking page with commercial links, the Complainant submits that the Respondent has attempted to attract Internet users to its website for its own commercial gain.<\/p>\n
The Complainant further states that the disputed domain name has been set up with MX records which suggests that the Respondent may be actively using the disputed domain name for email purposes and submits that 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.<\/p>\n
RESPONDENT<\/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": [ "Luca Barbero" ], "date_of_panel_decision": "2024-12-03 00:00:00", "informal_english_translation": "
The Complainant has demonstrated ownership of rights in the trademark SAINT-GOBAIN for the purposes of standing to file a UDRP complaint.<\/p>\n
The Complainant is the owner of trademark registrations for SAINT-GOBAIN, including the following:<\/p>\n
- International trademark registration No. 740184 for SAINT-GOBAIN (figurative mark), registered on July 26, 2000, in classes 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 17, 19, 20, 21, 22, 23, 24, 37, 38, 40 and 42;<\/p>\n
- International trademark registration No. 740183 for SAINT-GOBAIN (word mark), registered on July 26, 2000, in classes 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 17, 19, 20, 21, 22, 23, 24, 37, 38, 40 and 42;<\/p>\n
- International trademark registration No. 596735 for SAINT-GOBAIN (figurative mark), registered on November 2, 1992, in classes 1, 6, 9, 11, 12, 16, 17, 19, 20, 21, 22, 23 and 24;<\/p>\n
- International trademark registration No. 551682 for SAIN-GOBAIN (figurative mark), registered on July 21, 1989, in classes 1, 6, 7, 9, 11, 12, 16, 17, 19, 20, 21, 22, 23, 24, 37, 39 and 41.<\/p>", "decision_domains": { "saintgobaln.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }